Terms of Service
Last Updated: March 7, 2022
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 12, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND GLOBAL ILLUMINATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. (SEE SECTION 12.)
PARENTAL CONSENT.IF YOU ARE UNDER 18 YEARS OF AGE (A “MINOR”), YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE, AND YOU MAY ONLY USE THE SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS ON YOUR BEHALF, INCLUDING ALL DISCLAIMERS, WAIVERS AND RELEASES.
- BY CLICKING “I ACCEPT” OR BY OTHERWISE DOWNLOADING, INSTALLING, ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT:
- you are at least 13-years old;
- you have carefully read, understood and agree to these Terms;
- you have never previously been suspended or removed from the Service; and
- your registration and use of the Service complies with applicable laws and regulations.
Material Terms and Conditions
- Without limiting any of the terms and conditions in Section 3 below, you acknowledge and agree to each of the following:
- the Game is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
- the use of parts of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- Global Illumination provides the Service to you on an “AS IS” basis without warranties of any kind, and Global Illumination’s liability to you is limited; and
- any disputes arising between you and Global Illumination will be resolved by binding individual arbitration. BY ACCEPTING THESE TERMS, AS PROVIDED IN GREATER DETAIL IN SECTION 12 BELOW, YOU AND GLOBAL ILLUMINATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
General Terms and Conditions
- Description of Game. The Game is a massively multi-player in-browser “metaverse” centered around creating 3D voxel structures from gathered resources. Unlike existing games, all resources and content created within the Game are convertible to on-chain equivalents, enabling them to be bought and sold through on-chain decentralized exchanges and NFT marketplaces.
- Changes. As the Service is likely to undergo many changes over time, we need the right to modify these Terms to match the changing functionalities of the Service. You therefore agree that Global Illumination may change these Terms at any time without prior notice other than posting updated Terms to Global Illumination’s website (ill.inc). Global Illumination will endeavor to provide you with prior notice when there are any material changes, and Global Illumination may require that you subsequently take an affirmative action acknowledging agreement to the revised Terms before continuing to access the Service. You may read a current, effective copy of these Terms at any time at [biomes.gg/terms-of-service]. The revised Terms will become effective at the time of posting on Global Illumination’s website (ill.inc), and your use of the Service after such time will constitute your acceptance of the revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 3.2, no revisions to these Terms will apply to any dispute between you and Global Illumination that arose prior to the effective date of those revisions.
- Consideration. Global Illumination provides you with access to the Service free of charge. In return for enjoying this free access, you acknowledge and agree that Global Illumination may generate revenues, increase goodwill or otherwise increase the value of Global Illumination from your use of the Service, and Global Illumination, in our sole discretion, determines your right to share in any revenues we generate or to share in any goodwill or value created.
- Jurisdiction. The Service is controlled and operated by Global Illumination from its office in New York, New York. Global Illumination makes no representation that the Service is appropriate, lawful or available for use in any location other than the United States. Those who choose to access or use the Service from locations outside the United States, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
- Additional Terms. Global Illumination may require you to agree to additional terms or policies, or both, that it makes available to you from time to time in connection with your use of the Service (“Additional Terms”). Except as expressly stated otherwise in the Additional Terms, such Additional Terms are hereby incorporated into and subject to these Terms, and these Terms will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency, unless such Additional Terms expressly supersede a term in these Terms.
- In addition to any other restrictions set forth in these Terms, and without limiting those restrictions, when using the Service, except as expressly permitted under these Terms, you agree not to (and not attempt to):
- delete, alter or make unauthorized copies of any content made available on or through any part of the Service (including any User Content (as defined in Section 7.1 below) that third parties have shared with you);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up any part of the Service, except to the extent any such restrictions are expressly prohibited by applicable law;
- rent, lease, loan, resell, sublicense, distribute, transmit, retransmit or otherwise transfer any part of the Service or content thereon to any third party;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service, features that prevent or restrict use or copying of any content accessible on any part of the Service, or features that enforce limitations on use of any part of the Service or any content thereon;
- delete any copyright or other proprietary rights’ notices on any part of the Service;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity or content of information transmitted via the Service or perform any other fraudulent activity;
- access, download or otherwise install the Game, without Global Illumination’s express written consent, if Global Illumination has previously terminated your access to or use of the Game;
- restrict, discourage or inhibit any person from using the Service or disclose personal information about a third person on the Service or obtained from the Service without the consent of that person;
- use the Service, without Global Illumination’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- gain unauthorized access to the Service, to any other user’s account, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
- send any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
- access, tamper or interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
- violate any applicable federal, state or local laws or regulations or these Terms; or
- assist or encourage any person to engage in any of the foregoing.
Your User Account
- User Account. To access certain features of the Game, you must register for an account (“User Account”). When you register for an account, you may be required to provide us with some information about yourself, such as a cryptocurrency wallet address, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your password. If you believe that your account is no longer secure, then you must immediately notify us email@example.com.
- Compliance with Terms. You must comply with these Terms, and you represent and warrant to Global Illumination that you are responsible for your conduct and your compliance with these Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We are not responsible for the content of your User Content (as defined in Section 7.1 below) or the way you choose to use the Game to store, share or process your User Content. The Service is not intended for and should not be used by anyone under the age of 13. You are solely responsible for providing high-speed internet service for yourself to access and use the Service.
- User Account Security. You are responsible for the security of your User Account and are not responsible for any activities that occur through the use of your User Account. We will not be responsible for any damages, losses or liability to you or anyone else, if such information is not kept confidential by you, or if such information is correctly provided by an unauthorized third party logging into and accessing the Game. You agree to notify Global Illumination immediately at firstname.lastname@example.org you suspect or know of any unauthorized use of your User Account or any other breach of security with respect to your User Account. Global Illumination will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your User Account.
- Restrictions on Accounts. Global Illumination reserves the right to, with or without prior notice, and without any liability to you, suspend or terminate your User Account if your activities on the Game, in Global Illumination’s sole discretion, would or might constitute a violation of these Terms, cause harm or injury to any person, cause damage to or impair the Game, infringe or violate any third-party rights, damage or bring into disrepute the reputation of Global Illumination, or violate any applicable laws or regulations.
Your Use of the Service
- License. Subject to your complete and ongoing compliance with these Terms, Global Illumination hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service for personal purposes.
- Content. Except for User Content (as defined in Section 7.1 below) and any third-party content linked to or from the Service, the content that Global Illumination provides you on or through the Service, including, without limitation, any sound recordings (and the musical works embodied in them), audiovisual works (and the sound recordings and musical works embodied in them), text, graphics, photos, software and interactive features, are protected by copyright or other intellectual property rights and owned by Global Illumination or its third-party licensors (collectively, the “Global Illumination Content”) or in the public domain. Moreover, Global Illumination solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
- Marks. Any Global Illumination trademarks, service marks, and logos (including, without limitation, any of the foregoing associated with the Game, i.e., “Biomes”) (collectively, the “Global Illumination Marks”) used and displayed on the Service are Global Illumination’s registered or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the Global Illumination Marks, the “Marks”). Except as otherwise permitted by law, you may not use the Marks to disparage Global Illumination or the applicable third party, Global Illumination’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Marks. You may not use any Marks as part of a link to or from any website without Global Illumination’s prior express written consent. All goodwill generated from the use of any Global Illumination Mark will inure solely to Global Illumination’s benefit.
- Reservation of Rights. Global Illumination owns and will continue to own the Service, including all related intellectual property rights, and Global Illumination hereby reserves all rights not expressly granted to you in this Section 6. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Global Illumination Content or Marks located or displayed therein.
User Content and Feedback
- User Content. This Section 7 governs any concepts, ideas, experiences or other content, including, without limitation, any Digital Assets (as defined below), sound recordings, musical works, photographs, text, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret and copyright laws (collectively, “User Content”) that you virtually simulate (collectively, “Create”), upload, post, transmit, or otherwise transfer through the Game to other users (collectively, “Share”) or that other users of the Game have Created and Shared with you. Global Illumination reserves the right to further limit how and when you may Share User Content in the Game.
- Rights to Your User Content. You retain any copyright and other proprietary rights that you may hold in the User Content you Create and Share via the Game. You must not Create or Share any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Create or Share.
- Limited License to Global Illumination. By providing User Content to or via the Game, you grant Global Illumination a perpetual, irrevocable, non-exclusive, royalty free, fully paid-up, sublicensable (through multiple tiers) right and license to reproduce, distribute, publicly perform (including on a through-to-the-audience basis), publicly display, create derivative works of and otherwise use and exploit all User Content you uploaded to or create on the Service for the purposes of providing the Service and advertising, marketing and promoting the Service through any and all media, whether now known or hereafter created. You further grant Global Illumination all rights necessary to facilitate any request by you to Share all or any part of the User Content you Create with other users of the Game.
- Limited License to Other Users. By providing User Content to or via the Game and Sharing User Content with other users, you grant those users a non-exclusive, perpetual, irrevocable, non-exclusive right and license to access and use such User Content as permitted by these Terms and the functionality of the Game.
- Representations and Warranties about Your User Content. Global Illumination disclaims any and all liability in connection with User Content. You are solely responsible for User Content you Create and Share and the consequences of providing User Content via the Game. By Creating or Sharing User Content via the Game, you represent and warrant to Global Illumination that:
- you are the creator and owner of the User Content Created by you or otherwise have all licenses, rights, consents and permissions to authorize Global Illumination and users of the Game to use and distribute your User Content as necessary to exercise the license granted by you in this Section, in the manner contemplated by Global Illumination, the Game and these Terms;
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (1) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (2) slander, defame, libel or invade the right of privacy, publicity or other proprietary rights of any other person; (3) cause Global Illumination to violate any law or regulation; or (4) require Global Illumination to obtain any rights from or pay any royalties to any third party;
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate; and
- Creating or Sharing your User Content does not result in a breach of contract between you and a third party.
- Disclaimer about User Content. We are under no obligation to edit or control User Content that you or other users Create or Share, and will not be in any way responsible or liable for User Content. Global Illumination may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Game you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Global Illumination with respect to User Content. If notified by a user or content owner that any User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Global Illumination does not permit copyright-infringing activities on the Game.
- Objectionable Content. You are not permitted to and agree not to Create or Share any User Content that is or could be interpreted to be, as Global Illumination may determine in its sole discretion: (1) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; (2) hate speech, whether directed at an individual or a group, and whether based upon the race, color, sex, creed, national origin, disability, religious affiliation, family or marital status, age, sexual orientation, gender identity, or language of such individual or group, including without limitation references to historical figures that are known for espousal of any such speech or agenda; or (3) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((1), (2) and (3) collectively, “Objectionable Content”). The Creating or Sharing of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Creating or Sharing Objectionable Content. You also agree not to use the Game for illegal or unlawful purposes. If you encounter any Objectionable Content on the Game, then please immediately contact Global Illumination either through the Game by our in-game report process or via email email@example.com. You acknowledge and agree that Global Illumination provides you with the ability to report Objectionable Content as a courtesy, and Global Illumination has no obligation to remove or take any other action with respect to any Objectionable Content on the Game that you report to Global Illumination. However, Global Illumination in its sole discretion may take any actions it deems necessary or appropriate against you or any user who Creates or Shares Objectionable Content, including, without limitation, warning you or any other user, suspending or terminating your access to the Game, removing some or all of your User Content or the other user’s User Content or reporting you or the other user to law enforcement authorities, either directly or indirectly. By accessing and using the Game, you acknowledge and agree that you may be exposed to Objectionable Content.
- Your Feedback. The more suggestions our users make, the better our Game becomes. If you choose to provide Global Illumination with input or suggestions regarding problems with or proposed modifications or improvements to the Game (“Feedback”), then you hereby grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any Feedback for any purpose without any obligation or compensation to you.
- Digital Asset Description. Through the Service you may be permitted to Create, Share, or earn certain digital assets, including fungible and non-fungible assets, as facilitated by the Game (“Digital Assets”). Further, you may be able to send and receive certain Digital Assets outside of the Game by transacting with third parties (“Off-Game Transfers”).
- License. Subject to your complete and ongoing compliance with these Terms and any other terms governing your relationship with Global Illumination, Global Illumination grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable (except in connection with a sale of such Digital Asset), non-sublicensable, revocable license to use any intellectual property (or related intellectual property rights) included in the Digital Asset (“Digital Asset IP”) solely as included in the Digital Asset. For clarity, except for the foregoing license, neither your payment for the right to use a Digital Asset nor these Terms grant you any other license or rights to any Digital Asset IP.
- License and Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
- Modify the Digital Asset in any way except with permission from the owner of the Digital Asset IP or as facilitated by the Game;
- Use the Digital Asset in any manner that infringes upon the intellectual property rights of any third party;
- Use the Digital Asset in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner that could tarnish or harm the reputation of Global Illumination or the Game;
- Commit any of the foregoing actions with respect to the Digital Asset IP;
- Use the Digital Asset IP except as incorporated in the Digital Asset; or
- Encourage or permit any third party to do any of the foregoing.
- Digital Assets Not Redeemable or Exchangeable Outside the Game. Transactions involving the exchange of Digital Assets or other virtual products or services on the Service are not legally enforceable, may not form the basis of any private right of action against Global Illumination or any third party, and are governed solely by Global Illumination in our sole discretion and application of these Terms.
- No Obligation. Neither Global Illumination nor any third party has any obligation to exchange Digital Assets for anything of value, including, but not limited to, fiat currency, except as expressly provided in these Terms or otherwise required by applicable law. We, in our sole discretion, may impose limits on Digital Assets, including, but not limited to, the amount that may be acquired, earned, or redeemed.
- Valuation of Digital Assets and Assumption of Risk. The prices and value of Digital Assets are volatile and subjective. Digital Assets and similar assets have no inherent or intrinsic value. Global Illumination does not and cannot guarantee that any Digital Assets purchased will retain their original value or have any particular value. You agree to assume all risk associated with the use and value of the Digital Assets. You also acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of Digital Assets at any time, except as prohibited by applicable law. You also agree not to create or use Digital Assets in any way that would violate applicable laws, including US securities laws.
- Reservation of Rights. Except as otherwise prohibited by applicable law and except for the limited licenses granted under these Terms, we reserve and retain all rights, title, and interest in and to Digital Assets provided or created solely by us.
- Absolute Right. We, in our sole discretion, have the absolute right to manage, modify, suspend, revoke, and terminate your license to use Digital Assets without notice, refund, compensation, or liability to you, except as otherwise prohibited by applicable law. We make no guarantee as to the nature, quality, or value of Digital Assets or the availability or supply thereof.
Copyright and Intellectual Property Protection
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about User Content Created on or Shared through the Game, you may contact our Designated Agent at the following address:
Copyright ManagerGlobal Illumination, Inc.447 Broadway2nd FL #711New York, NY 10013Email: firstname.lastname@example.org
- Content of Notification. Any notice alleging that User Content Created on or Shared through the Game infringes intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the User Content that you claim is infringing and where it is located on the Game;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. Global Illumination’s intellectual property policy is to: (1) remove or disable access to material that Global Illumination believes in good faith, upon notice from an intellectual property rights owner or her or his agent, is infringing the intellectual property rights of a third party by being made available on the Game; and (2) in appropriate circumstances, to terminate the accounts of and block access to the Game by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
Term and Termination
- Term. The term of these Terms commences as of your first use of the Service and continues until the termination of these Terms by either you or Global Illumination.
- Termination. You may terminate these Terms by sending written notification to Global Illumination at email@example.com and terminating all other uses of the Service. Global Illumination reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third-party intellectual property owner. Global Illumination may further terminate these Terms immediately for any other reason with or without notice to you, using the email address associated with your User Account. Global Illumination reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
- Survival. Sections 7 (User Content and Feedback), 8 (Copyright and Intellectual Property Protection), 10.3 (Survival), 11 (Limitations on Liability and Warranty Disclaimers), 12 (Dispute Resolution), 13 (Governing Law; Choice of Forum), 14 (Indemnity), 16 (Third Party Products) and 17 (Miscellaneous) and all defined terms used therein will survive termination of these Terms indefinitely.
LIMITATIONS ON LIABILITY AND WARRANTY DISCLAIMERS
- DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL ILLUMINATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. GLOBAL ILLUMINATION WILL NOT BE SUBJECT TO LIABILITY FOR (A) THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, (B) ERRORS, MISTAKES OR OMISSIONS THEREIN, OR (C) ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION ON THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION YOU PROVIDE TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT YOU CREATE OR SHARE, OR BOTH).
- NO ERROR FREE WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL ILLUMINATION DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GLOBAL ILLUMINATION WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
- “AS IS” SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, GLOBAL ILLUMINATION DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
- NO CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLOBAL ILLUMINATION BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GLOBAL ILLUMINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. GLOBAL ILLUMINATION’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO GLOBAL ILLUMINATION IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
- RELEASE OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER AUTHORIZED USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE GLOBAL ILLUMINATION FROM ANY AND ALL 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.
- General. In the interest of resolving disputes between you and Global Illumination in the most expedient and cost-effective manner, you and Global Illumination agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY CLICKING “I ACCEPT” OR BY OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AND GLOBAL ILLUMINATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Despite the provisions of Section 12.1 above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (3) seek injunctive relief in aid of arbitration from a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Global Illumination will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Global Illumination. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”) or, if an address is not available to such party, to the email address of such party as made available on or through the Service. Global Illumination’s address for Notice is: firstname.lastname@example.org. The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Global Illumination may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Global Illumination must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Global Illumination prior to selection of an arbitrator, then Global Illumination will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Global Illumination in settlement of the dispute prior to the arbitrator’s award; or (c) $15,000.
- Fees. If you commence arbitration in accordance with these Terms, Global Illumination will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Global Illumination for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND GLOBAL ILLUMINATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN CLAIMS WHICH ARE NOT COVERED BY THIS SECTION 12). Further, unless both you and Global Illumination agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Except as otherwise provided in these Terms, if Global Illumination makes any future change to this arbitration provision, other than a change to Global Illumination’s address for Notice, then you may reject the change by sending Global Illumination written notice within 30 days of the change to Global Illumination’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Global Illumination. If you do not send such written notice, then your continued use of the Service following any such change means that you have consented to such change.
- Enforceability. If Section 12.6 above is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue as described in Section 13 will govern any action arising out of or related to these Terms or your use of the Service.
Governing Law; Choice of Forum
- The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over New York, NY, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
- To the fullest extent permitted by law, you agree to indemnify and hold harmless Global Illumination, its affiliates and their respective directors, officers, managers, members, partners, employees, independent contractors and other agents (“Global Illumination Parties”) from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (1) your breach of these Terms; or (2) your access to, use or misuse of Global Illumination Content or the Service. Global Illumination will provide notice to you of any such claim, suit or proceeding. Global Illumination reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 14.1, and you agree to cooperate with any reasonable requests assisting Global Illumination’s defense of such matter at your expense.
Consent to Electronic Communications
- Third-Party Products. From time to time third parties may develop applications and software that complement your use of the Game (“Third-Party Products”). THESE THIRD-PARTY PRODUCTS ARE NOT OUR SERVICE, SO WE DO NOT WARRANT OR SUPPORT THESE THIRD-PARTY PRODUCTS, AND, ULTIMATELY, YOU (AND NOT US) WILL DECIDE WHETHER OR NOT TO USE THEM. ANY USE OF A THIRD-PARTY PRODUCT IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PRODUCT PROVIDER. We will not be responsible for any use, disclosure, modification or deletion of your data that is transmitted to, or accessed by, a Third-Party Product.
- Force Majeure. Neither you nor we will be liable by reason of any failure or delay in the performance of your or our obligations under these Terms on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, pandemic or epidemic, war, terrorism, and governmental action.
- Subcontracting. We may leverage our employees, those of our corporate affiliates and third-party contractors in exercising our rights and performing our obligations under these Terms, and you hereby agree to such practices. We will be responsible for their compliance with our obligations under these Terms.
- Independent Contractors; No Third-Party Beneficiaries. The parties are independent contractors. You agree that no joint venture, partnership, employment or agency relationship exists between you and Global Illumination as a result of these Terms or use of the Service. Except as expressly set forth in these Terms, there are no third-party beneficiaries to these Terms.
- Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
- No Waiver. Failure of Global Illumination to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against Global Illumination unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
- Entire Agreement. Except as expressly agreed by Global Illumination and you, these Terms constitute the entire agreement between you and Global Illumination with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
- Headings. The Section headings are provided merely for convenience and will not be given any legal import.
- Assignment. These Terms will inure to the benefit of Global Illumination’s successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Global Illumination. Global Illumination may assign these Terms, including all its rights hereunder, without restriction.
- Contact Us. If you would like to contact Global Illumination in connection with your use of the Service, then please refer to the contact information below:
Global Illumination, Inc.447 Broadway2nd FL #711New York, NY10013tos@ill.inc
- Notices. Except as otherwise set forth herein, all notices under these Terms will be by email, although we may instead choose to provide notice to you through the Service. Notices to Global Illumination will be sent to Global Illumination’s email address set forth on Section 17.9. Notices will be deemed to have been duly given (1) the day after it is sent, in the case of notices through email, and (2) the same day, in the case of notices through the Service.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.