Terms of Service - Game Gear

These terms of service (“TOS”) apply to you and The Global Paradise, LLC, an Idaho
limited liability company (“TGP”) regarding your use of TGP´s games, servers, websites,
discussion forums and related services (“Services”). Use of the Services is also governed by
TGPs´ Privacy Notice available at www.theglobalparadise.com, which is incorporated by
reference.
For United States residents, these TOS contain a binding arbitration clause in
Article 8 and a class-action waiver that affects your rights about how to resolve disputes. If
you live in the United States, please read it carefully. Except where you opt out, and except
for certain types of disputes described in Section 8, you agree that any disputes arising
between you and TGP will be resolved by binding, individual arbitration and you waive
your right to participate in any class-action lawsuit or class-wide arbitration.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS,
you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise
do not have the authority to enter into agreements such as these TOS, you represent that your
legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not
agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to
use or download but may contain features that may allow you to make purchases within
the Services. If you access the Services from a social networking site (“SNS”), such as
Facebook, Instagram, Twitter, you agree to comply with its terms of service as well as these
TOS.
TGP may issue additional policies related to specific components of the Services (including, but
not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services
is subject to such relevant policies and these TOS.

Right to Use the Services
Subject to these TOS, TGP hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial
use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. TGP retains all right, title
and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without TGP’s prior written consent. TGP reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title
in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or
purchased from TGP or third parties.
Purchases in the Services
TGP may license to you certain virtual goods to be used within the Service and which
you may purchase with “real world” money or which you may earn or redeem via gameplay
(“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable,
non-sublicensable, revocable basis and are intended solely for non-commercial use. TGP may
manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as
applicable. Notwithstanding the above, TGP may allow users to transfer said Virtual Items
through a marketplace or other mechanism. Should TGP create such a mechanism, TGP shall
post the rules and regulation with regards to said transfer on TGP’s website or within the
Services.
Virtual Items do not have an equivalent value in real world money and are not a
substitute for real world money. Neither TGP nor any other person or entity has any obligation to exchange Virtual Items for anything of value. TGP is not liable for hacking or loss of your
Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services
are final and non-refundable. You acknowledge and consent that the provision of Virtual Items
for use in the Services is a process that commences immediately upon purchase and that you
forfeit your right of cancelation once the process has commenced. Accordingly, you agree that
TGP is not required to provide a refund for Virtual Items for any reason. You further
acknowledge that you will not receive money or other compensation for unused Virtual
Items, regardless of whether your loss of license under these TOS was voluntary or
involuntary. If you ask for your personal data to be deleted as described in TGP’s Privacy
Notice, at the discretion of TGP, you will permanently forfeit all of your Virtual Items
without the right to refund, as TGP will no longer be able to associate such Virtual Items with
you.
Code of Conduct
You agree that you will not, under any circumstances:
● Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks,
mods or any unauthorized third-party software designed to modify or interfere with the Services.
● Use the Services in violation of any applicable law or regulation.
● Use the Services for commercial purposes, including, but not limited to, advertising, or
solicitation, or transmission of any commercial advertisements such as spam emails, chain
letters, pyramid or other get-rich-quick schemes.
● Use the Services for fraudulent or abusive purposes including, but not limited to, using
the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with
a person, entity or the Services;
● Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or
otherwise act in a manner that may negatively affect other users’ experience when using the
Services.
● Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer
or servers used to offer or support the Services.
● Attempt to gain unauthorized access to the Services, to accounts registered to others or to
the computers, servers, or networks connected to the Services by any means other than the user
interface provided by TGP, including, but not limited to, by circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other person to circumvent
or modify, any security, technology, device, encryption, or software that is part of the Services.
● Post any information, content or other material (or post links to any information or
content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
● Engage in ongoing toxic behavior, such as repeatedly posting information on an
unsolicited basis.
● Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of
another person, group, including TGP employees, directors, officers, and customer service
representatives.
● Make available through the Services any material or information that infringes any
copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any
person or entity, or which impersonates any other person, including, but not limited to, a TGP
employee, director or officer.
● Unless specifically authorized by law, attempt to decompile, reverse engineer,
disassemble or hack any of the Services, or to defeat or overcome any of the encryption
technologies or security measures or data transmitted, processed or stored by TGP, or to obtain
any information from the Services using any method not expressly permitted by TGP.
● Solicit or attempt to solicit login information or any other login credentials or personal
information from other users of the Services.
● Harvest, scrape or collect any information about or regarding other people that use the
Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items
that are sometimes also referred to as spyware.
● Post anyone’s private information, including personally identifiable information/personal
data (whether in text, image or video form), identification documents, or financial information
through the Services.
● Engage in any act that TGP deems to conflict with the spirit or intent of the Services or
make improper use of TGP´s support services.
Third-Party Services
Services may include links to third-party services (including, but not limited to,
advertisements displayed by third parties) and/or the third-party services may be made available
to you via Services. These services may include, but are not limited to gameplay recording and
sharing, social media connectivity and advertisements. These services are subject to respective
third party terms and conditions. Please read these third-party terms and conditions, carefully as
they constitute an agreement between you and the relevant third-party service provider to which
TGP is not a party.
Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise
register with the Services (“Account”). You may be required to select a password for your
Account or you may also use other credentials to access the Account (“Login Information”).
You agree that you will not give your Login Information to anyone else or allow anyone else to
use your Login Information or Account. You are solely responsible for maintaining the
confidentiality of the Login Information, and you are responsible for all uses thereof, including
purchases. TGP may assume that anyone logging into your Account using your Login
Information is either you or someone logging in with your permission. TGP reserves the right to
delete your Account if TGP observes no activity by you in relation to the Account for 180 days
or more. In such event, you may no longer be able to access and/or use any Virtual Items
associated with that Account and no refund will be offered to you.
User Contributions
The Services may allow you to create content, including, but not limited to, gameplay
maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant TGP a non-exclusive, royalty-free,
perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use
your User Contributions in any way and for any purposes including, but not limited to, the right
to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise
communicate to the public by any current or future means and to distribute your User
Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity,
publication, reputation, or attribution with respect to TGP’s and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to TGP, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
TGP, its directors, officers and employees do not accept or consider unsolicited idea or
product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to TGP or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by TGP without compensation to you or any third party and you grant TGP a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
Communications between Users of the Services
TGP assumes no responsibility for the conduct of other users of the Services and assumes
no responsibility for monitoring the Services for inappropriate content or conduct. TGP does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk. By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. TGP may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. TGP reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time TGP chooses, at its sole discretion, to monitor the Services, TGP nonetheless assumes no responsibility for content made available by users of the Services, and TGP assumes no obligation to modify or remove any inappropriate content.
Binding arbitration / Class waiver
If you are a United States resident or otherwise make any claim against TGP in the
United States, you expressly agree that any legal claim, dispute or other controversy
between you and TGP arising out of or otherwise relating in any way to Services, including
controversies relating to the applicability, enforceability or validity of any provision of
these TOS or TGP´s Privacy Policy (collectively “Disputes”), shall be resolved in
confidential binding arbitration conducted before one commercial arbitrator from the
American Arbitration Association (“AAA”), rather than in a court, as described herein.
The arbitration will be governed by the AAA’s commercial arbitration rules and, if the
arbitrator deems them applicable, the supplementary procedures for consumer related
disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily
and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit
in state or federal court. Payment of arbitration costs will be governed by the AAA’s fee
schedule, unless you are able to show that your portion will be prohibitive as compared to
litigation costs, in which case TGP will pay as much of your arbitration costs as the arbitrator
deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation
costs. TGP also reserves the right in its sole and exclusive discretion to assume responsibility for
all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and
expenses unless there is a governing statutory provision that requires the prevailing party to be
paid attorneys’ fees and expenses. The arbitration may be conducted in Boise, Idaho. The
arbitrator’s award shall be final and binding on you and TGP and may be entered as a judgment
in any court of competent jurisdiction. For more information on AAA, its Rules and Procedures,
and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA
website at www.adr.org. As an exception to the binding arbitration rule, to the extent the
Dispute arises from:
- A violation of TGP´s intellectual property rights in any manner;
- Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation
  of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these TOS;
  and
- Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration. To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and TGP agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.
  You may opt out of this obligation to arbitrate. If you do so, neither you nor TGP can require the other to participate in an arbitration proceeding. To opt out, you must notify TGP in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: The Global Paradise LLC, ATTN: Legal Department, 2976 E State St, Ste 120-1061, Eagle, ID 83616-6394. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
  To begin an arbitration proceeding, you must send a letter to: The Global Paradise LLC,
  ATTN: Legal Department, 2976 E State St, Ste 120-1061, Eagle, ID 83616-6394 requesting
  arbitration and describing your claim. TGP will provide 30-days’ notice of any changes to this Section “Binding arbitration/Class waiver” through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
Suspension and Termination for your Breach
Without limiting any other remedies available to TGP, if TGP believes that you are in
breach of these TOS, TGP reserves the right to take any of the following actions, whether
individually or in combination, and either with or without notice to you: (i) delete, suspend
and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your
access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or
modify any game progression or benefits and privileges associated with you, such as any level or
score you have reached in the Services.
Availability of the Services
TGP may limit, suspend or terminate the Services, or portions thereof, and take technical
and legal steps to prevent users from accessing the Services if TGP believes they are creating
risk or possible legal liabilities, infringing intellectual property rights of third parties, or not
acting in accordance with the letter or spirit of these TOS.
TGP reserves the right to stop offering and/or supporting the Services or a part thereof
(e.g. a game or a feature of a game) at any time, at which point your license to use the Services
or a part thereof will be terminated automatically. In such an event, unless otherwise required
by applicable law, TGP does not have to provide refunds for Virtual Items or any other
items in connection with such discontinued Services.
Disclaimer
To the fullest extent permissible under applicable law, the Services are provided to
you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects,
and your use is solely at your risk. TGP does not make, and hereby disclaims any and all
express, implied or statutory warranties, including implied warranties of condition,
uninterrupted use, accuracy of data (including, but not limited to, location data),
merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of
third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade
practices. TGP does not warrant against interference with your enjoyment of the Services;
that the Services will meet your requirements; that operation of the Services will be
uninterrupted or error-free; that the Services will interoperate or be compatible with any
other services; or, that any errors in the Services will be corrected. No oral or written
advice provided by TGP, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms
may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
Limitations of Liability
In no way will TGP be liable for special, incidental or consequential damages resulting
from access, use or malfunction of the Services, including but not limited to, damages to
property, loss of goodwill, device failure or malfunction and, to the extent permitted by law,
damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not TGP has been advised of the possibility of such damages. For purposes of Article 12 “Limitations of Liability,” TGP’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will TGP´s total aggregate liability arising out of or in connection with these
TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any)
you paid for the license to use Virtual Items; or (ii) one hundred dollars ($100). The
exclusions and limitations of damages are fundamental elements of the basis of the
agreement between TGP and you. Some jurisdictions do not allow certain limitations of
liability such as these stated above; thus, the above terms may not apply to you. Instead, in such
jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the
laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction,
and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of
the Services. You agree to indemnify, defend and hold TGP (and TGP´s officers, directors,
agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages
or other losses, including reasonable 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 TOS; however, the
foregoing does not apply if the third-party claim is not attributable to your intentional or
negligent behavior.
Copyright and DMCA
If you believe the Services or any of its content infringes your copyrights, please send a
notice to: The TGP Paradise LLC, Legal Department, 2976 E State St, Ste 120-1061, Eagle, ID
83616-6394 or alternatively via email to: [email protected] (Notices sent to the
specified address will reach TGP´s registered DMCA agent.
Please include all of the following in your DMCA notice:
● Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers
multiple works, you may provide a representative list of such works.
● Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable TGP to locate the material.
● Provide your full legal name, mailing address, telephone number, and (if available) email
address. Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner,
its agent, or the law. I represent that the information in this DMCA notice is accurate and, under
penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright
owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity
is causing infringement, you may be liable for damages, including the costs and attorneys’ fees
incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to TGP.
Links to Third-party Products and Services
TGP may link to third-party websites or services from the Services. You understand that
TGP makes no promises regarding any content, goods or services provided by such third parties and, you understand TGP does not endorse them. TGP is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand
TGP´s Privacy Notice does not apply in relation to such data.
Changes to these TOS
Notwithstanding Article 8 “Binding arbitration / Class Waiver,” TGP may update these
TOS from time to time in response to changing legal, technical or business developments. When TGP updates these TOS, TGP will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes TGP makes.
By continuing to access or use the Services after updates become effective, you agree to be
bound by the updated TOS.
Governing Law
In addition to Article 8 above, “Binding Arbitration / Class Waiver,” these TOS are
governed by the laws of the State of Idaho and applicable federal laws regardless of conflict of
law provisions. If the jurisdiction of your domicile prohibits TGP from enforcing the governing
law provision, nothing in these TOS limits your rights based on the laws governing your
domicile.
Assignment, Severability and Entire Agreement
TGP may assign these TOS, in whole or in part, to any person or entity at any time with
or without your consent. You may not assign or delegate any rights or obligations under these
TOS or the Privacy Notice without TGP’s prior written consent, and any unauthorized
assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will
be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. TGP’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and TGP
regarding the Services and supersede all earlier agreements and understandings between you and TGP.
Any failure by TGP to exercise or enforce any of its rights under these TOS does not
waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in
writing and signed by an authorized representative of TGP.
Proprietary Art Ownership Disclaimer
Certain images, graphics, or artwork displayed on this website may be the proprietary assets of third parties. The Global Paradise LLC does not claim ownership of these materials unless explicitly stated.