GNERDL TERMS OF SERVICE
Please read this agreement carefully; this is a binding contract.
Welcome to GNERDL, GNERDL, LLC. the websites found at www.gnerdl.com and gnerdl.staging.dojo4.com, and all the data contained therein (aka The Website). This Terms of Service (aka ToS) describes the terms and conditions applicable to your access and use of The Website that allows you to share information about the different names you use to identify yourself in multiplayer game environments, and other services made available through The Website. This ToS sets forth the terms and conditions under which GNERDL, LLC. (aka GNERDL, we, us, our) provides you access to The Website.
GNERDL may amend this ToS at any time by posting the amended Terms of Use on The Website, and you agree that you will be bound by any changes to this ToS. GNERDL may make changes to The Website at any time. You understand that GNERDL may discontinue or restrict your use of The Website for any reason or no reason with or without notice.
YOUR USE OF THE WEBSITE BY CHECKING THE BOX “DO YOU AGREE TO THE TERMS OF SERVICE” AND THEN CLICKING THE BUTTON LABELED “SUBMIT” WHEN PRESENTED WITH THIS TOS IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOS, INCLUDING ANY MODIFICATIONS THAT GNERDL MAKES IN THE FUTURE.
Privacy Policy. By checking the box "Do you agree to the Terms of Service" and clicking the button labeled “submit”, or by using The Website in any way, you represent that you have read and consent to our Privacy Policy. GNERDL may revise the Privacy Policy at any time, and the new version will be available on The Website. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using The Website and may contact GNERDL directly to have your account de-activated.
Requirements. Before you can use The Website, you must: (i) agree to this ToS and the Privacy Policy; (ii) register for an account (aka your account) on The Website and (iii) be 18 years of age, or 13 years of age or older with parental consent. You are responsible for any Internet connection fees and telecommunication charges that you incur when accessing The Website.
ToS Updates. GNERDL will revise this ToS as The Website evolves. The next time you use The Website after such an update, you may be prompted to agree to or decline the revised ToS. You must agree to all revisions if you choose to continue using The Website. By doing so you agree to the then-current version of this ToS as posted. If at any point you do not agree to any portion of the then-current version of this ToS, you must immediately stop using The Website and may contact GNERDL directly to have your account de-activated.
Termination of Service. The Website is owned and maintained by GNERDL and reserves the right to deny service to any user at GNERDL’s sole and absolute discretion. The Service is offered with the understanding that GNERDL may terminate your Account and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of the ToS. GNERDL may stop offering and/or supporting The Website or change the Service at any time.
Accounts and Security.
Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You may allow your minor children for whom you are the parent or legal guardian to use the Service using your Account, provided, however, that you accept full responsibility for the conduct of the children using your Account.
Account. To access the Service, you must create your Account by completing the registration process. An individual may create only one (1) Account and you must complete the registration process by providing current, complete and accurate information (including your email address and full name) when prompted. If your contact information changes, you agree that you will promptly update your Account to reflect those changes.
Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify GNERDL immediately if you believe that your Account username and/or password have been compromised.
Account Sharing or Transfers. You may not share, transfer or sell your or any Account, except that you may permit your minor child to use your Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein. Notwithstanding anything contained herein, under no circumstances shall you provide access to the Site a child under the age of 13 or allow a child under the age of 13 to use your Account.
Deactivation. You have the right to cancel your account at any time. You may cancel your account by following the instructions on the Site.
Effect of Account Termination or Cancellation. If you voluntarily terminate your Account, you may reactivate that Account at any time by contacting GNERDL. Accounts terminated by GNERDL for any type of abuse, including without limitation a violation of these ToS, may not be reactivated for any reason.
Restrictions and Conditions of Use.
Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon The Website or otherwise attempt to disrupt The Website or any other person's use of The Website; or (ii) attempt to gain unauthorized access to The Website, Accounts registered to other users, or the computer systems or networks connected to The Website. Furthermore, you may not use The Website to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person's use of The Website, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; or (f) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Commercial Uses. You agree that you will not use The Website for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of The Website.
No Data Mining or Harmful Code. You agree that you will not (i) obtain or attempt to obtain any information from The Website, including without limitation information about the processes of or data transmitted or received by The Website; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by The Website, whether through the use of a network analyzer, packet sniffer or other device; or (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, bitcode farming, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble The Website.
No Misuse of Third Party Software. You agree that you will not create, distribute or use any third party software in a manner designed to change, interfere with, misuse, abuse, unlawfully access, or otherwise manipulate The Website.
User Content.
Content. “Content” refers to any alphanumeric string representing an identity, alias, handle, character name or other name, and any and all other material and information, including but not limited to personal information such as your full legal name and email address, that you upload or transmit through The Website and/or to your Account, or that other users upload or transmit. You hereby grant to us, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, royalty-free, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. We agree not to willingly or knowingly disclose, sell, or share the following two pieces of content to any third party for profit or gain: your (i) full legal name and (ii) registered email address. You agree that you may not upload or otherwise transmit on The Website any Content that is subject to any third-party rights.
Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, we may or our representatives may monitor and/or record your activity, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of The Website. We have the right, but not the obligation, in our sole discretion to edit, refuse to display, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content for any reason, including without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this ToS or any other agreement; (iii) to protect our legal rights and remedies; (iv) where we feel someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior.
Limits and Retention. GNERDL may limit the amount and/or type of Content that you upload to The Website and/or your Account at our sole discretion. We may change such limitations at any time and may post such limitations on The Website in the future. GNERDL may retain or delete such Content at any time at our sole discretion. You shall not rely on GNERDL to retain such Content through your Account and agree to back up such Content on separate systems if you would like to retain a copy of such Content. GNERDL shall have no obligation to provide the Content to you upon your request or otherwise.
Prohibited Content. You agree that you shall not upload, display or transmit any Content (including but not limited to links to any of the following Content, from any source, as it appears on third party sites or services) through The Website and/or your Account that: (i) is unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, personally identifiable information of another user, abusive, inflammatory, fraudulent, deceptive, misleading or is otherwise objectionable; (ii) conveys expressions of bigotry, prejudice, racism, hatred or profanity; (iii) constitutes, assists or encourages a criminal offense, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law; (iv) infringes or encourages the infringement of any patents, trademarks, trade secrets, copyrights or other intellectual or proprietary right of any party; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, farming bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, expropriate any system, data or personal information or otherwise interfere with normal user experience; (vi) misrepresents its source or origin; (vii) installs any computer software or program or code without prior end-user consent or in a manner that is in violation of any applicable law or regulation; (viii) triggers a pop-up, pop-under, dialogue box, or initiates a downloadable application; or (ix) is for or associated with online gambling, online pharmacies, pornographic products or services, alcohol, guns, or tobacco (collectively, the “Prohibited Content”).
Ownership. As between you and GNERDL and/or its licensors, GNERDL and/or its licensors own The Website and all virtual assets made available in The Website, including, without limitation, all Accounts and other assets and data generated by the Service, including without limitation, game data and user identities (Assets). GNERDL and its licensors reserve the exclusive right to create derivative works based on The Website and/or Assets. You agree that you will not create any work of authorship or create any derivative works based on The Website and/or Assets except as expressly permitted by GNERDL. Any reproduction or redistribution of The Website or the Assets, or use of the Service not in accordance with the ToS is expressly prohibited by law, and may result in severe civil and criminal penalties.
Links.
Links from the Site. The Site may contain links to websites, including the Publishers’ websites, and software, including the Games, operated by other parties. GNERDL provides these links to other websites and software as a convenience, and use of these sites and software is at your own risk. The linked sites and software are not under the control of GNERDL, and GNERDL is not responsible for the content available on the third party sites or the software. Such links do not imply GNERDL’s endorsement of information or material on any other site and GNERDL disclaims all liability with regard to your access to and use of such linked websites and software.
Links to the Site. Unless otherwise set forth in a written agreement between you and GNERDL, you must adhere to GNERDL's linking policy as follows: (I) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GNERDL's and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GNERDL; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site; (iv) you must not associate the link with or place the link on a site with any Prohibited Content; and (v) GNERDL reserves the right to revoke its consent to the link at any time and in its sole discretion.
Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on the Site by a GNERDL user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our administrative offices with the following information: (a) an electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Site containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our administrative offices can be reached by email at info@gnerdl.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Intellectual Property.
Trademarks. GNERDL, GNERD, and the GNERDL turtle logo are trademarks/service marks of GNERDL. Unauthorized use of any GNERDL trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright. The Website, its written code structure, and its unique services, are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of The Website, or individual sections of the content, design or layout of The Website without GNERDL’s express prior written permission.
Unsolicited Idea Submissions. Neither GNERDL nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved technologies, product enhancements, marketing plans or names for new technologies (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to GNERDL or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when GNERDL’s products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
Solicited Idea Submissions. Any alphanumeric text data, without limitation, that is voluntarily given by you during a period of beta testing, and that is submitted through GNERDL’s official beta reporting forms provided on The Website, will immediately become the property of GNERDL. When you successfully submit information through the beta reporting forms provided on The Website, you relinquish all intellectual property rights to the information contained within that form submission and hereby grant us full claim and freedom to use to that information in any way we deem appropriate.
Location.
The Website is operated by GNERDL in the United States. Those who choose to access The Website and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Children.
The Website is not directed toward children under 13 years of age nor does GNERDL knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to GNERDL.
DISCLAIMER OF WARRANTIES.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER 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. GNERDL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND/OR THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. GNERDL DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GNERDL, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF GNERDL AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF GNERDL OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, OR $50, WHICHEVER IS GREATER.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of GNERDL and its affiliates shall be limited to the fullest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold GNERDL and the Related Parties 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 Website, or any breach by you of this ToS or any other policies that GNERDL may issue for The Website from time to time.
Governing Law; Jurisdiction. This ToS shall be and is governed by, and will be construed under, the laws of the United States of America and the law of the State of Colorado, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes arising out of or related to your use of The Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado and you agree to submit to the personal jurisdiction and venue of such courts.
Binding Arbitration.
Arbitration Procedures. You and GNERDL agree that, all disputes, controversies and claims related to this ToS (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the terms set forth in this ToS.
You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToS, (i) you and GNERDL may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GNERDL WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Location. The arbitration will take place in your hometown area if you so notify GNERDL in your notice of arbitration or within ten (10) days following receipt of GNERDL’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Denver, Colorado, unless the parties agree to video, phone and/or internet connection appearances.
Limitations. You and GNERDL agree that any arbitration shall be limited to the Claim between GNERDL and you individually. YOU AND GNERDL AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and GNERDL agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or GNERDL’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. 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.
Severability. You and GNERDL agree that if any portion of the ToS is found illegal or unenforceable, that portion shall be severed and the remainder of the agreement shall be given full force and effect. If any portion is found to be illegal or unenforceable then neither you nor GNERDL will elect to arbitrate any Claim falling within that portion found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Denver, State of Colorado, United States of America, and you and GNERDL agree to submit to the personal jurisdiction of that court.
General.
ToS Revisions. This ToS may only be revised in a writing signed by GNERDL, or published by GNERDL on The Website.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GNERDL as a result of this ToS or your use of The Website.
Assignment. GNERDL may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without GNERDL’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToS, the prevailing party in such litigation or arbitration shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this ToS shall be in writing and addressed to: GNERDL, LLC 8 Paradise Lane, Greencastle, IN, ATTN: CEO.
Equitable Remedies. You hereby agree that GNERDL would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to The Website and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to The Website; provided, however, that this ToS shall coexist with, and shall not supersede the Privacy Policy.