Effective Date: 25 April 2020
These Terms of Service (the "Terms") apply to the Isleward game located at play.isleward.com and ptr.isleward.com (the "Game"). The Game is property of Big Bad Waffle (the "Operator").
As long as you comply with these Terms of Service, the Operator grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Game. If you do not agree with the Terms of Service, you must not enter and use the Game.
1. Updating Terms of Service
1) The Operator reserves the right to change, modify, add, or remove portions of these Terms of Service, at any time. Your continued use of the Game means that you accept and agree to the changes of these Terms.
2. Prohibited Uses
the Operator provides the Game to users only for personal entertainment purposes. You agree to not violate the terms and conditions set in these Terms. Violation of any criteria in this agreement may lead to temporary or permanent suspension of the service in accordance with the terms and conditions. You agree to only use the Game in a manner that is consistent with these Terms and you SHALL NOT:
(a) remove, disable or circumvent any security protections or any technical measures that control access to the Game;
(b) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game;
(c) steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);
(d) impersonate Big Bad Waffle or our moderator and admin staff;
(e) post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;
(f) take advantage by exploiting others in any way;
(g) use the Game as a manner that is related to gambling or any action that negatively impacts the delivery of the Game;
(h) exploit errors and bugs found while playing the game;
(i) access or use the Game for any purpose that is illegal or beyond the scope of the Game's intended use (in the Operator's sole judgment);
(j) use / develop / advertise / trade / distribute any unauthorized third party programs or hardware devices that may affect the game or normal game play, including but not limited to, mouse, hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory.
(k) disrespect or use offensive words towards others based on their race, gender, nationality;
(l) create offensive nicknames or those that may provoke negative imagery;
(m) manipulate the results of the game in an unfair way;
(n) be online on more than three accounts simultaneously per person playing the game;
Any action which is not defined in this Terms of Service that negatively impacts the delivery of the Game’s services or negatively affects other players may be subject to warning and penalty through careful review of the circumstances. Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game.
3. Accessing the Service
1) As a general rule, the service of the game is accessible 24 hours a day throughout the whole year.
2) Notwithstanding with the provision of paragraph 1, the Operator will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of the Operator, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
3) We may amend the Service or restrict access (including cancellation, termination, modification or suspension of a user’s license) from all or specific users without notice and liability. Additionally, the Service may be unavailable depending on geographic location.
4. Disclaimer of Warranties
THE GAME AND SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting any of the foregoing, the Operator does not ensure continuous, error-free, secure or virus-free operation of the Isleward Services or Your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to You. This warranty gives You specific legal rights, and You may also have other legal rights that vary from state to state or from country to country.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS RIGHTS, LOSS OF PROFITS) AND DAMAGE (INCLUDING BUT NOT LIMITED TO INTERRUPTION OF WORK OPERATION, HARDWARE MALFUNCTION, OR OTHER COMMERCIAL DAMAGE OR LOSS ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICE. THIS IS ALSO TRUE WHETHER OR NOT THE OPERATOR ALREADY KNEW OR HAD TO KNOW ABOUT THE POSSIBILITY OF DAMAGES.
THE OPERATOR SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP FAILURE, SOFTWARE OR HARDWARE FAILURE, OR ANY OTHER SITUATION THAT MAY RESULT IN DATA LOSS OR SERVICE INTERRUPTION. IN NO EVENT THE COMPANY BE LIABLE FOR ANY DAMAGES BEYOND THE AMOUNT PAID FOR THE PURCHASE OF THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN SUCH COUNTRIES OR JURISDICTIONS.
6. Period and TerminationThese Terms are effective unless and until terminated by either you or the Operator. The Operator and the user may terminate these terms at any time without prior notice. Termination by the Operator will come into effect immediately upon the termination or deletion of your account, which can occur at any time in the Operator’s sole discretion. You may terminate the Terms of Service by not using the Game, and you must stop using the Game upon termination of Terms of Service. Any purchases within the Game will not be refunded even if the user terminates the Terms.
7. Age Restriction
You must not use the Game if you are under 13 years of age, and if you are between the ages of 13 and 18, your parent or legal guardian must have consented to you accessing and using the Website, Materials and Services.
8. Other policies