Terms of Service
I. About these terms
These terms apply to the download, access and / or use of any Game Comm LLC video games, whether from which mobile device or platform. In these terms, we refer to all of our Games and other services collectively as “Services”). These terms are a legal agreement and contain important information about your rights and obligations with respect to our Services.
If you do not agree to these terms or any future updated version, you must not access or use our Services, and you must abandon all current access and / or use. If any future updates to these terms require action on your part in order to accept the updated terms, you may not be able to continue using our Services until you have taken such action.
These terms represent a legal agreement between you and Game Comm, a Florida company with registered office at 8217 NW 66 th Street, Miami, FL 33166. The parties intend that the terms of this agreement apply to the benefit of Game Comm’s associates, parents, subsidiaries or affiliates.
FOR RESIDENTS OF THE UNITED STATES OF AMERICA: IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
In these terms, “Game Comm”, “we”, “us” or “our” refer to Game Comm LLC.
To use our services you represent that you are at least 13 years old and agree that if you are between 13 and 18 years old, your legal guardian has reviewed these terms, agrees to them, and you agree to your access or use of our Services.
II. Data Collection and Usage
We may collect information about you directly from you. For example, when you register to use our Game, which may include your username, password, name, date of birth, gender, address, phone number, email address, or company name. Certain information, including your name, company name, and contact information, will not be available to other users through your profile.
We will collect your Data in a number of ways, for example:
When you contact us through the Website, email or through any other means or when you register with us on the Game and set up an account to receive our products/services.
in each case, in accordance with these terms.
We may also collect billing information, such as credit card number, PayPal, Store or banking information. Under some circumstances we may require some additional financial information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our Services.
We may receive your social media profile when you share our games using your social account. We do not store it longer than necessary.
We may receive personal information from our Partners or Affiliates in order to perform services. We may also receive personal information from third parties, including public databases, social media platforms, or third-party partners such as analytics or marketing providers.
Our third-party service providers may provide us information that tells us how our marketing ads, often placed on third party sites, performed and who clicked on them. This information does not identify any specific individual and is generally non-identifying. If we were to associate it with you, we would treat it as personal data.
III How we share information we collect through the Game
Generally, we share the Service information with Advertisers and Partners in order to provide the Management Platform.
For example, we share the Service information with:
Advertisers and their marketing and service providers, so they may provide targeted content and advertising to End Users on apps;
Advertisers and their marketing and service providers, to help measure the effectiveness of marketing or analyze their End User’ likely interest or demographics; and
Other third parties that target advertisements. This may include, for example, analytics companies, data management platforms that help marketers maintain and use data, proximity solution providers, and other advertising technology providers. These companies may, for example, provide targeted content and advertising to End Users and others on third-party apps or other advertising media(such as email, direct mail, and display media).
IV. Where your information will be held
Our Site operates in the United States of America. If you are located outside of the U.S., please be aware that all information you provide us will be transferred to and stored and processed in the U.S.
Please also be aware that by using our Game and giving us your information, you consent to such U.S. transfer, storage and processing. You also understand that the U.S. privacy laws may be different from the laws of your country.
We store our information on cloud servers located in the United States.
V. Storing your personal data/Transfer of Data
This site is operated in the United States of America. If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States.
By using this site and providing us with information, you consent to this transfer, processing and storage of your information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as the European Union. Our service providers use appropriate safeguards to transfer your personal data to the United States.
We may transfer data that we collect from you to locations outside of headquarters for processing and storing. In addition, it may be processed by staff operating outside the office area who work for us or for one of our suppliers. For example, such staff may be engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Notice.
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into via our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential.
VI. Third party links
We may have links on our Game to other sites that we do not operate. If you tap on a third-party link, you will be taken directly to that site which is governed by its own privacy notice. We strongly encourage you to read that privacy notice. We do not control that site and assume no responsibility for the content, policies or its practices.
This game contains sponsors and the option to watch video ads.
As a User you choose a player name as a pseudonym to participate in the Game (hereinafter “User Name”). You will not be able to choose a User Name that could be construed as offensive.
We are authorized to modify or delete the chosen User Name, both for technical, ethical or legal reasons, without your prior consent being necessary.
Together with the License Agreement, as a User you will receive a user account (hereinafter “Account”). In this Account you will not be able to modify your data.
Without our approval, no account can be transferred.
As a User you can only have one Account per League (sector of a game). You will be able to log into your Account through the Game.
Multiple accounts (“Multi-accounts”) are prohibited in one world, and may be sanctioned with the immediate blocking of the User or with the extraordinary termination of the License Agreement. In this case, any rights you may have are excluded.
As a User, you agree to keep the login details, passwords and access details of your account (hereinafter jointly, “Access Data”) secret and to inform us without delay if you know or suspect that unauthorized third parties know your Data Access. In this case you will modify your data or you will let us modify it. In this case, we will also have the right to temporarily block your access. As a User, you will be able to use the services again when the suspicion of improper use of the Access Data by you or third parties has been resolved in our judgment.
If a third party makes an illicit use of an account after having obtained your Access Data because of you, you will receive the same treatment as if you had acted directly.
It is forbidden to use another User’s Account, unless the game rules explicitly allow it (eg “substitution for holidays”).
If we harbor the suspicion that a third party knows the Access Data, we will be authorized, but not obliged, to modify the Access Data or block the Account without prior notice. We will inform you of this without delay and, upon request, we will provide you with new Access Data within a reasonable period of time. Any other rights as a result of the temporary blocking of your Account or the modification of your Access Data are excluded.
We have the power to delete inactive Accounts in accordance with the applicable game rules. In this case, the License Agreement will automatically be terminated.
IX. Required technical equipment
The use of the Game will only be possible through the app installed locally on your tablet, smartphone or other similar terminal (hereinafter “Terminal”), as well as an Internet connection, which includes an Internet browser, an Internet connection, in some cases, the clients required to use the Game. You will bear the expenses corresponding to this software and its use, as well as the costs of the Internet connection. It is your responsibility to keep the Terminal in a state that makes the use of the Games possible. In this sense, we do not offer any kind of technical support.
X. Content of benefits
We distribute the Games and other service offerings within the framework of our technical and functional capabilities. The features of the Games are available to Users who have a License Agreement and, therefore, have an Account.
We review and update at our discretion all Games, Services, Premium Services, items or currencies that we offer in order to maintain attractiveness for the largest number of users. To ensure the participation of all users in the Game, it is necessary that all users use the same version of a Game, Service, Premium Service, item or currency. Therefore, you will only have the possibility to participate in the Game, Service, Premium Service, item or currency in the current version.
We reserve the right to stop offering the Games or a portion thereof without stating reasons.
In the event that, for example, due to technical problems or interference in the offer of services by actions of third parties or similar events that lead to erroneous offers for users (eg erroneous prices of Premium points), we expressly reserve the Right to be able to terminate the contract, as long as one has been signed, and to claim the return of said benefit in exchange for the amount paid, especially the return of Premium points. As a User you have the same right.
XI. Virtual Items and Virtual Money
Our Games may include virtual currencies such as Coins or Tokens (“Virtual Money”) or items or services for use with our Games (“Virtual Items”) or paid subscriptions for Virtual Money and / or Virtual Items (“Subscriptions” ). To use or enjoy Virtual Money and / or Virtual Items in our Games, you may have to achieve a certain level or progress to a certain point. You agree that, once purchased, Virtual Money and Virtual Items have no monetary value and it will not be possible to exchange them for real money, real items or real services by us or anyone else. You agree that Virtual Money and / or Virtual Items are not transferable to anyone else, and that you will not transfer or attempt to transfer Virtual Money or Virtual Items to anyone.
You do not own the Virtual Items or the Virtual Money or the Subscriptions, but rather acquire a limited and revocable personal license to use them; Any remaining balance of Virtual Items and / or Virtual Money does not reflect accumulated value.
You agree that all purchases you make of Virtual Money and / or Virtual Items are final and that we will not refund any transaction once made and that an active Subscription cannot be canceled during the Subscription period. Prices for Virtual Money, Virtual Items and Subscriptions do not include applicable telecommunications fees and taxes, unless otherwise stated. To the extent required by law, you agree to pay such applicable telecommunications fees and taxes in accordance with applicable law. If you live in the European Union, you have certain rights to cancel purchases from a distance; however, please note that when you purchase a license to use Virtual Items or Virtual Money from us, you acknowledge and agree that we will begin providing the Virtual Items or Virtual Money to you once your purchase is complete and therefore your right to cancellation is lost at this point. For the purposes detailed below, a “purchase” is complete when our servers validate your purchase and the applicable Virtual Items and Virtual Money are successfully credited to your account on our servers.
If you do not connect your game on one device to an account that is linked to a social network, we will not be able to restore Virtual Money or other data associated with your game on a different device if yours is lost or damaged. Therefore, on devices that are not connected in this way:
- any risk of loss of Virtual Money that you buy from us is transferred to you when you complete the purchase in the manner described above;
- any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you when the Virtual Money has been successfully credited to your account on our servers;
- any risk of loss of other data associated with your game (including, but not limited to, your progress in the Game and the level or score obtained in our Games) is transferred to you immediately at the time such starting data is generated.
The data corresponding to the Virtual Items, whether purchased by you with Virtual Money or obtained or earned by you in any way, are stored locally on your device and are not synchronized between the different devices, even if you connect the game that you have. performed on a device with an account linked to a social network account or a King account. Therefore, all risk of loss of this data is transferred to you (i) in the case of purchased Virtual Items, upon completion of the purchase as described above; and / or (ii) in other cases, at the time you obtain or earn those Virtual Items.
In the event that you live in the European Union, we will provide you with a VAT invoice if the legislation in force requires it or if you request it. You agree that these invoices are in electronic format.
We reserve the right to control, regulate, modify or delete Virtual Money, Virtual Items and / or Subscriptions without incurring any liability to you at any time, but if you have an active Subscription such changes will only take effect after the end of the current subscription period, the date your Subscription will automatically end.
We reserve the right to change the prices of Virtual Items, Virtual Money and Subscriptions offered through the Services at any time, but if you have an active Subscription, such changes will only take effect after the end of the Subscription Period; at which time your Subscription will automatically terminate. We may limit the total number of Virtual Items or Virtual Money that can be purchased at one time, and we may limit the total amount of Virtual Money or Virtual Items that you can collect in your account. You may only obtain Virtual Money and Virtual Items from us or our authorized associates through the Services, and not in any other way.
Depending on your platform, any purchase of Virtual Items, Virtual Money or Subscriptions will be subject to the terms of service and user agreement of the provider of your platform. The rights of use may differ from article to article. If you are not sure about the rights of use, please check with your platform or our customer service team before making a purchase. Unless otherwise stated, content available in any in-game store has the same age rating as the Game.
If we suspend or cancel your account as stipulated in these terms, you may lose the Virtual Money and Virtual Items you have, and / or active Subscriptions that you might have and we will not compensate you for that loss or refund your money. If you have an active Subscription on the termination date, it will not automatically renew at the end of the Subscription period in effect at that time.
The charge for any individual item that you may purchase through our Website will be made, as specified on said Site, at the time you make your purchase, except in the case of an obvious error. The charge includes all sales taxes and any other charges. Depending on the bank you use, your bank may apply an additional fee; We have no control in this regard and we do not assume responsibility in this regard. If you are not sure whether these additional charges will apply to you, check with your bank before making a purchase through our Website. We only accept payments through our credit card, debit card, mobile payment, and PayPal payment processing partners. Our payment processing partners may have their own terms and conditions; be sure to check if you agree with them before making any payments. If the transaction you make with our payment processing partners is not completed, your purchase will not be effective. When a payment transaction is completed successfully, your purchase will be effective as soon as possible: we will endeavor to complete your order immediately.
Payment for a Subscription will be charged to your account at the time of purchase and renewals will be made within 24 hours prior to the expiration of the Subscription period in effect at that time. Your Subscription will automatically renew each month unless you disable automatic renewal through your platform settings at least 24 hours before the end of the current Subscription period. Your subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that our Subscription sales are final and that no cancellation is allowed during an active subscription period.
XIII. Premium License Agreement
The contracting of Premium services (hereinafter, “Premium License Agreement”) will take place, both in browser games and in mobile applications when, after selecting the Premium Service, you click on the button “Pay now” or similar and accept the offer by sending an order confirmation via in-game messaging or by email.
The Premium Services comprise specifically, but not exclusively, access to virtual currency (e.g. Coins, Tokens) or use of game benefits in the form of virtual objects (hereinafter “Items”).
The contents, functions and requirements of the Premium Services at the time they were requested and as shown on our web pages and in the mobile Applications, as well as in the corresponding order baskets and in the order confirmation, will be valid.
Generally, you will be able to use Items for a certain period of time.
Premium Services can only be purchased through a specific order. There is in no case the obligation to re-acquire Premium Services.
The prices shown in the respective Stores (eg. Store Screen) and communicated in the respective order confirmation will be valid. The prices include the corresponding VAT.
In cases where the games include coin simulations, e.g. Tokens, it will be Premium Services and not real money. The exchange of Premium Services (coins, among others) for real money will only be possible if the operation of our Mobile Application is permanently suspended. In this case, the payment made will be reimbursed to the user to the extent that it has not been used for the activation of Premium Services or Items.
When acquiring a service with the Premium mode, the cost of the services will be paid in advance.
As a User, you will not have the right to a specific payment method.
You will be liable to Us for possible order cancellations or return charges attributable to you, e.g. due to lack of funds in the account. You will bear all the costs that arise (e.g. fees from the payment service provider) and with a management fee amounting to 4 dollars. We are authorized to charge these amounts to your account along with the initial payment. You will have the right to show that no damage has occurred or that it has not occurred in the required amount.
In the event of a delay in payment on your part, we are authorized to suspend your benefits and block the account without affecting your obligation to pay the amount due. In this time interval there will be no charge for the service. However, we will be authorized to charge a management fee of 3 dollars for the unlocking in case the full payment is made, provided that you are responsible for the delay. You will have the possibility to prove that there has been no damage or that it has occurred in a lesser amount. However, Game Comm will be authorized to pay the legal default interest in an amount of 5% above the current basic interest rate.
XIV. Security, traps
As a User, you are not authorized to use mechanisms, software, programs or other routines that may interfere with our systems. You cannot take action that could cause an unacceptable overload of the systems. The use of special software, especially for systematic or automatic control of the Games or of certain Game functions (bots, macros), for the reproduction or evaluation of the games will not be allowed.
It is forbidden to take advantage of “bugs” or errors in the programming of the Games and in the course of the game that may give an advantage to the User, for their own or other people’s purposes. If you discover bugs, you must notify us immediately. If you have taken advantage of these circumstances, you must restore the benefits obtained as far as possible. The intentional use of “bugs” or errors or their publication on the Internet or through mobile applications, may lead to the termination without notice of the License Agreement and the elimination of the Account.
Using software that enables data mining or collects information about games in any other way is prohibited.
Using Items outside of the Games, buying or selling them for real money, or trading them is prohibited.
Game Comm LLC is the data controller for identifying you or personal data that we collect about you through or in connection with our Games or other Services.
XVI. Your obligations
As a User, you guarantee that the information provided in your registration and in relation to the use of the Premium Services is true and complete. You agree to notify us without delay of changes to your data and, upon request, to confirm their correctness.
As a User, you will refrain from anything that endangers or alters the proper functioning of the Games and the harmonious interaction of the Users. Specifically, it is prohibited to:
- Choose a Username that violates the rights of third parties (especially intellectual property rights, personal rights, trademark rights, company rights, etc.) or is contrary to good customs, e.g. violates the religious beliefs of third parties, be it racist or discriminatory. We expressly distance ourselves from such behavior;
- Choose an email address or Internet address as a Username;
- Usurp the identity of third parties;
- Use, post, publish or link harassing, threatening, offensive or defamatory material from third party pages, regardless of whether such content affects other users, our employees or other people or companies;
- Using, posting, posting or linking to third party websites discriminatory content (e.g. hate speech against groups of people, especially based on race, ethnic origin, religion, disability, sex, age, veteran status or sexual orientation), political, immoral, pornographic, morally inappropriate, indecent, aggressive, exalting violence, sexist, extreme left or right, or contrary to the law, especially in violation of American youth and child protection laws. International treaty on the protection of youth in the media, or to advertise, offer or sell such content and products contrary to the law, especially in violation of American youth protection laws;
- Attack or incite current laws, as well as link content of that nature;
- Publish, reproduce, facilitate access or disseminate without authorization content that is legally protected, especially by industrial property rights (for example, by intellectual property rights, trademarks, patents, industrial or utility application models, etc..); Advertise, offer or sell products or services;
- Launch or incite anti-competitive actions, including progressive customer advertising (such as chain, snowball, or pyramid schemes);
- Incite other users to give personal data for commercial or illegal purposes, as well as Access Data;
- Organize or advertise the commercial activities or sales of third parties (also through links), e.g. announcements, sweepstakes, prizes, contests, trades, snowball systems;
- Reproduce or make public the image of another person without the written consent of the affected person;
- Publish personal and confidential data without having the necessary authorization;
- Use the Services for commercial purposes;
- Publish or disseminate content that causes damage to networks, servers or other infrastructure components, alters their operation or makes use of them (e.g. dissemination of worms, Trojans, viruses, spyware, phishing of access codes, etc.).
XVII. Grant of rights; mobile application software
Mobile Applications and Games require the installation of software on your terminal (hereinafter “Mobile Application Software”). As a User, you are aware that all rights to the Mobile Application Software belong to us and, eventually, to our licensors. We make this Mobile Application Software available to you and grant you basic use rights for private use on your terminal. However, the Mobile Application Software may not be reproduced, published on the Internet or on a network or stored on data carriers. Nor can it be used or exploited for commercial purposes. In addition, adaptation, decompilation, disassembly and reverse engineering are prohibited, as well as inducing third parties to commit these acts or complicity in their execution. We can revoke this grant of rights at any time without giving reasons. In that case, you as a User will be obliged to remove the Mobile Application Software from your terminal. The authorization to use the rights granted will terminate at the latest when your License Agreement expires.
As a User, you exempt us from all responsibility, which includes compensation for damages, in relation to claims made by other Users or third parties for a violation of their rights caused by your behavior or the content or data that you have published. You will also assume the reasonable costs caused by this situation, especially those derived from the need to hire a legal defense. All other rights and compensation for damages that correspond to us will remain unaltered. The obligations indicated will not be applicable if you are not the person responsible for the infringement of rights. If your content violates the rights of third parties, at our discretion and at your own risk, you will have the possibility of obtaining the right to use the content or present the content in a way that does not violate intellectual property rights. If the rights of third parties are violated by using the Services, the User will immediately abandon the use contrary to the contract or the law at our request.
We guarantee 98% accessibility of the games throughout the year, except during regular maintenance, and due to force majeure, external manipulation or other problems that are beyond our control or that of our assistants. We are responsible for the inability to access the games only if it occurs due to intent or gross negligence or for actions that endanger life, physical integrity or health.
XIX. Sanitation for defects and limitation of liability
With the License Agreement, as a User you have the right to use the Games in their current version. You are aware that the games we offer, like any other computer program, are not completely free of errors.
You must inform us immediately of any defects you discover. For evidentiary purposes you should document it in writing and send it to us (e,g, by fax, post or email). Before reporting a possible defect, the user must have read all the help and question and answer (FAQ) pages and messages in the forums.
Defects caused by external influences, malfunctions that are the responsibility of the user or force majeure are excluded from the warranty.
You agree to cooperate as much as possible to solve the bugs of the Games.
XX. Changes to this Terms of service
Game Comm LLC reserves the right to change this terms of service as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms on your first use of the Game following the alterations. You may contact Game Comm by email at email@example.com
This terms of service was updated on May 12, 2021.
Game Comm LLC is a Game Developer Company from the State of Florida. www.gamecomm.us is the official website of Game Comm LLC.
Game Comm LLC contact details are:
Postal Address: 8217 NW 66 th Street, Miami, FL 33166