IONOMY STUDIOS LIMITED
TERMS OF SERVICE
Effective Date: March 1, 2019
Last Modified: March 1, 2019
Welcome to ionomy Studios Limited (ISL). This Terms of Service forms a legal contract and governs the relationship between you and ionomy Studios Limited, whether acting through any of its games and/or any other intellectual property, or in connection with any affiliates or subsidiaries (collectively referred to herein as “ISL,” “we” or “us”). This Terms of Service covers use of ISL games, websites, mobile applications and any related services, as well as purchase by you of any merchandise, goods, or services from us (the “Services”).
USE OF THE SERVICES IS VOID WHERE PROHIBITED.
You may also be requested to register an account to use the Services (an “Account”). For your Account, you must provide ISL with current, complete, and accurate information that is requested by us, and you must maintain it as current and up-to-date. We may require you to provide additional information as a condition of continued use of the Services, or to assist in determining whether to permit you or someone else to continue to use the Services.
You are responsible for the internet connection and/or mobile carrier charges that may be incurred when accessing and/or using the ISL Services. If you are not sure what the charges may be, contact your internet service provider or mobile carrier provider before accessing and/or using the Services.
You shall not install any ISL game from any source other than through your Google Play Store or your local Apple App Store.
By registering for an Account or otherwise using the Services, you represent that you are 18 (eighteen) years or older, that you may legally enter into a binding contract with ISL, and that you understand and agree to these Terms of Service. If you are not located in the United States, you represent and warrant that you are the age of majority in your jurisdiction. We disclaim any liability for any misrepresentation of your or any other user’s age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using the Services under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals. We assume no responsibility or liability for any misrepresentation of your age.
You represent and warrant that you will follow all municipal, local, provincial, state, and/or federal laws, rules, or regulations to which you are subject. IS takes no responsibility for your failure to adhere to any applicable law, legal rule, or regulation.
If you access the Services from a Social Networking Site (“SNS”), such as Facebook, Instagram, or other similar service, you shall comply with all applicable user agreements therein as well as these Terms of Service.
Likewise, if you download the Services through Google Play Store, Apple App Store, Amazon App Store or any other medium, you shall comply with all applicable user agreements therein as well as these Terms of Service.
ISL may, from time to time and in our sole and exclusive discretion, provide certain skill-based challenges and contests, including without limitation tournaments. ISL is the sponsor of all such events and /or instances and can be contacted at [email protected] as well as through the contact details located elsewhere in these terms of service. By providing a leaderboard, tournament, or any other challenge, ISL does not represent or warrant that the provision of such challenge will continue for any period of time. ISL may discontinue any tournament, leaderboard or any other challenge at any time and in our sole and exclusive discretion, regardless of any publicly posted timelines for such events.
As of the effective date of this Terms of Service, ISL currently offers tournaments where the highest ranked players are paid cash rewards denominated in the cryptocurrency ION (“Tournaments”). ISL reserves the right to discontinue the Tournaments at any time and/or to supplement any challenges currently being offered at any time and in our sole discretion.
Eligibility: The Tournaments are only valid in jurisdictions where skill-based play for monetary instruments or monetary value is permitted. The Tournaments may be prohibited in your jurisdiction, the assessment of which is your sole and exclusive responsibility. The Tournaments are void where prohibited (the “Prohibited Jurisdictions”). We reserve the right, but are not obligated to, monitor your location and block access from any Prohibited Jurisdiction.
To participate in the Tournament, a player must be a) 18 (eighteen) or over, and b) have the power to enter into a contract with ISL.
Your participation in any of the Tournaments is at your own risk. You acknowledge and agree that ISL will not be held responsible in any way for your violation of any applicable law, rule, or regulation or for any action we may undertake to restrict your access to the ISL Services and/or Tournaments or any other challenge offered by ISL.
Details: No purchase is necessary to enter or win the Tournaments.There are no limits to the number of Tournaments an ISL Services user who wishes to play (“Entrant”) may enter. There are no limits to the number of Entrants per Tournament. There will be multiple winners each, provided there are a sufficient number of entrants winners per tournament round. Winners of the Tournament will win up to $250 per tournament (“Prizes”), denominated in ION. In order to collect and/or take possession of Prizes, winning Entrants are required to have an active and valid Account at the website: ionomy.com. ISL reserves the right to, following reasonable notice, require users to create an account at another website in order to collect any winnings they may earn.
If any Entrant is deemed ineligible at the conclusion of the Tournament for any reason in our sole and exclusive discretion, then no Prize will be awarded. Prizes are not assignable or transferable in any way. All Entrants hereby agree and acknowledge that they may win the Tournament but not be eligible for a Prize in the case that they are in a jurisdiction where such Prize is ineligible or in the case ISL determines that the Entrant is not eligible for any other reason, including a violation of these Terms of Service or other applicable law.
Decisions to void a Prize to an Entrant or disqualify an Entrant are final. Disqualified Entrants are not eligible for Prizes.
ISL has no liability for the disqualification of any Entrant based on the terms set forth herein. All Entrants must be of at least 18 (eighteen) years of age.
Employees, agents, or third party contractors, affiliated with ISL, and their immediate family members and other parties residing at the same home address, are not eligible to enter the Tournaments. Entrants may not use any automated means, including scripts or macros, to participate in the Tournament. Any use of an automated methodology or technology to participate in the Tournament will immediately disqualify the Entrant and may result in termination of Entrant’s Account.
Prize winners will be notified within the ISL game and/or mobile application or other form of communication based on the information that the Entrant has provided to ISL. ISL will not provide, and Entrant is not entitled to, a substitute for any Prize awarded. Prizes may only be claimed by the winning Entrant.
ISL may, in our sole discretion and in accordance with the laws and statutes of Entrant’s jurisdiction, require that Entrant sign a publicity waiver or other intellectual property agreement as a condition of receiving a prize. The publicity waiver will be drafted by ISL, and may require that the Entrant grant the right to use their name, voice, likeness, and any other information provided to ISL through the use of the ISL games and/or mobile application for promotional purposes. Entrant agrees and acknowledges that receipt of their Prize is sufficient consideration to enter any agreement to use their name, likeness, or other personal information for promotional purposes. The waiver may also include the requirement that Entrant allow ISL to utilize any media recording device to capture audio or visual of Entrant for promotional purposes. Through the publicity waiver or other agreement, Entrant will be agreeing to have any captured images, video, or recordings of Entrant used, reproduced, modified, cut, broadcasted, transmitted, published, displayed and/or otherwise fully exploited in our sole and exclusive discretion. Entrant will not be permitted any final approval over any material. Entrants may also be required to execute additional documentation, including, but not limited to, affidavits or tax forms, to claim the prize.
Prizes are transmitted to winners by us electronically. If any ISL game is played by using a “guest account” or by any other Entrant who does not have an existing and valid ionomy.com account, then such Entrant must claim their prize within 90 (ninety) days of receiving notification that they are a Prize winner. Failure to claim the Prize within the 90 (ninety) days may result in the forfeiture of the Prize.
Entrants may be required to submit the following information to ISL in order to claim their prize:
Entrants are solely responsible for all tax consequences that arise from claiming a prize. If you would like to receive a list of Prize winners, please contact ISL through the contact details provided elsewhere in this Terms of Service.
ISL is not liable for any technical or organizational failure or other human error which may occur, resulting in Entrant not finding out about winning a Tournament or receiving a Prize in a timely manner.
The remainder of the Terms of Service as a whole are applicable to all games offered by ISL, including, but not limited to, applicable provisions on warranty disclaimers, limitation of liability, indemnity, and dispute resolution.
The ISL Services are licensed to you, not sold. Subject to your compliance with these Terms of Service, ISL grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial use. You agree not to use the Services for any other purpose. Any use of the Services in violation of the Terms of Service is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
Whenever you access or use ISL Services, you agree that you will not:
ISL may post additional rules that apply to your conduct when using the Services at any time.
If you encounter another user who is violating any of these rules, please report this activity to ISL Customer Support staff.
ISL may, in its discretion, monitor or record online activity or content on ISL Services and may remove any content from any ISL Services at its sole discretion.
ISL may utilize certain technologies to detect and prevent cheating in connection with the use of ISL Services.
ISL reserves the right to determine what conduct it considers to be in violation of the Terms of Service and reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, ISL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO THE ISL SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ISL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU.
IN THE EVENT YOUR ACCOUNT IS TERMINATED, LIMITED OR SUSPENDED, YOU MAY LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT. ISL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
ISL reserves the right to stop offering and/or supporting the Services, a 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, ISL shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof, including any content you submitted or others submitted.
ISL reserves the right to audit your Account before any prize is awarded to you, within a reasonable time, to ensure compliance with the Terms of Service. In the event ISL determines that you have violated the Terms of Services, you forfeit any right you have to such prize.
You may terminate your Account at any time and for any reason by emailing us at [email protected] or uninstalling ISL products at any time within your game settings on your own personal device.
You will fully cooperate with ISL to investigate any suspected unlawful, fraudulent or improper activity.
ISL reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, and/or disable access to or otherwise make unavailable, any User Content (including without limitation your User Content) without prior notice for any reason or for no reason at any time.
In the Services you may have the option to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “in-game currency” for use in ISL games; (b) “virtual in-game items” (together with “in-game currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).
ISL may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. ISL shall have no liability to you or any third party in the event that ISL exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to ISL, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE AND HAVE NO MONETARY VALUE OUTSIDE OF USE IN THE SERVICES.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
ISL may revise the pricing for the goods and services offered through the Services at any time, including without limitation the Virtual Items and Merchandise.
YOU ACKNOWLEDGE THAT ISL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
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.
ISL 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.
ISL 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, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF HOW 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 ISL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ISL SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ISL IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 ISL DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ISL’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ISL IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. ANY CLAIM THAT YOU MAY HAVE AGAINST ISL MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE, OR IT IS FOREVER BARRED.
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 ISL 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 ISL’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold ISL harmless from any claim, demand, damages or other losses, including attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service. You agree that ISL shall have no liability to you if ISL changes or ceases to provide the Tournaments or any other part of the Services or if the Services are not available for any reason.
If a dispute arises between you and ISL, we strongly encourage you to first contact us directly to seek a resolution by going first to our customer support staff. Any dispute arising out of the Terms of Service or the Services, shall be governed in all respects by the law of the United Kingdom, without regard to conflict of law provisions.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
In the event that you are unable to resolve your dispute with our customer support staff, all disputes, claims, or controversies arising out of or relating to this Terms of Service, any ISL Services and its marketing, or the relationship between you and ISL (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. You acknowledge that this Section does not apply to claims brought by ISL regarding the infringement, protection, or validity of ISL’s trade secrets, copyright, trademark, patent rights, or intellectual property.
Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted and/or administered by an arbitration service and/or arbitrator selected in ISL’s sole discretion, and shall follow the rules of the arbitration rules of the International Chamber of Commerce(“ICC”), which are available at the ICC website https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/. Your arbitration fees and your share of arbitrator compensation shall be governed by the ICC Rules. The arbitration may be conducted in person in within the United Kingdom, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and ISL may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. YOU AND ISL 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. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
You may be accessing the ISL Services through an application on your Apple device which was provided by the Apple iTunes store. If so, please be advised as follows:
ISL may provide compensation in the form of affiliate marketing fees to marketers which we allow to post or advertise ISL. For affiliates wishing to join the program, please visit www.ionomystudios.com.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ISL shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of ISL.
ionomy Studios LTD
60 West Street Gorseinon
Swansea SA4 4AF
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Notwithstanding anything to the contrary, you acknowledge that the rights granted and obligations made under these Terms of Service to ISL are of a unique and irreplaceable nature, the loss of which shall irreparably harm ISL and which cannot be replaced by monetary damages alone so that ISL 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 any ISL game, 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, limited by Article 9 (if any).
ISL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ISL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ISL’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.