Effective Date: September 1, 2011
Terms & Conditions
Welcome to GameLand (the "Site"). This Website is owned and operated by Infinity Computer Consulting, Inc. d.b.a. GameLand, which is located at
9858 Clintmoore Road, C111-203, Boca Raton, Florida, 33496. If you have any questions relating to this Website, they can be sent to the attention of our
Customer Service Representative at this address. You may also contact GameLand by email using our contact page.
References to "Stopping" an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently closing
the account. If your account is banned, you will not be able to access your account at all.
Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a Gameland product (whether or not you subscribe).
If you don't agree with any part, please don't accept them or use the product.
If you have any questions about these terms and conditions, please contact us via our contact us page on the gameland.com site, and do not use the site until
you are satisfied with and can accept these terms and conditions in full.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE
Gameland may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of
practice; technical alterations to the Site; and to improve clarity and consistency. Please check the terms and conditions whenever you use the Site.
If you are not a subscriber, we will treat your continued use of the Site as acceptance of these changes from their effective date as shown above.
If you are a subscriber, we will treat you as bound by the changes on the first renewal date for your subscription after the effective date and so you should
cancel your subscription (as explained below) before this renewal date if you don't like the proposed changes.
While we reserve the right to monitor and take action if the Site is used inappropriately (including the posting of objectionable material on the chat or
within Circles or otherwise), we cannot promise that the Site won't contain such content or that we will remove / modify any particular content. Nor can
we guarantee that users will comply with our terms and conditions or otherwise behave appropriately.
If you are the victim of offensive or inappropriate behavior or receive any other unwanted communications, you should use the built-in facilities to block
the messages. You should report all inappropriate behavior to us via Report Abue button as well as seeking appropriate external help, for example from
parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using the Site.
To use many features of the Site, we require you to create an account. We grant valid account holders a non-exclusive, non-transferable license for the
period of membership to use the Site and to download and use our client software and connect to our servers solely to use the Site in accordance with
these terms and conditions.
You must not choose a username that infringes the rights of any third party, impersonates Gameland staff or other users, which is deliberately confusing
or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements. We reserve the right to
make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who
use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other
malicious code including Trojans. You must use your password in accordance with the password requirements. Gameland staff will never ask you for your
password. If you believe that someone has stolen your password or otherwise gained access to your account - submit an Account Recovery request via the
Account Recovery link on the Site.
You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified on the Site including our game rules,
the current version of which is linked to here or specified elsewhere and incorporated herein by reference. Any use of the Site not in
accordance with the game rules exceeds the scope of the license granted by these Terms & Conditions.
If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that there has been fraudulent, unlawful or abusive
activity, or that it is necessary in order to prevent or stop any harm or damage to us, to the Site, to other players or the general public, we may
Stop (as defined above) any or all accounts of the Site which we think are connected with the offender subject to such right of appeal as is specified on
our website and/or restrict access to or delete virtual currency or anything acquired by means of virtual currency. Such actions may result in loss of
membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction.
To prevent or remedy breach of our Terms and Conditions or any harm or damage to us, the Site or to other players or the general public , we may
automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities
on any part of the Site.
Intellectual Property Rights
Gameland® is a registered trademark of Infinity Computer Consulting, Inc.
You must not reverse-engineer, decompile or modify any Gameland client software in any way (except to the extent allowed by applicable law). You must not
use a modified/customized version of the client software or attempt to sub-license it. You must not create or provide any other means by which the Site may
be played by others (including, without limitation, replacement or modified client/server software, server emulators).
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on the Site by us or on our behalf
are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these
materials or the Site except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that all intellectual property or other rights in any game character, account and items are and will remain our property.
By posting chat or other materials on the Site, you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify
such materials on any Gameland product as we see fit.
You agree that by submitting any material of any kind to us for any purpose connected with the Site (non-exhaustive examples are suggestions and ideas for
any game or contributions to any page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted
materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to
make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in
no way breaches the rights of any other person or entity.
You need a subscription to use certain features of the Site. If you apply for a subscription, you must ensure all the information that you submit is true and
accurate (including without limit your credit card number and expiration date, and other payment details) and that you have appropriate parental or guardian
consent as applicable. You agree to pay all subscription fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices
shown are US Dollars.
By submitting your order you are making an offer to subscribe to the relevant part of the Site. Your offer is accepted and a binding contract occurs when we
send a message to your account mail inbox confirming that your payment has been received or if you log into a subscribers-only part of the Site (whichever comes first).
All subscription payments will continue to be taken in advance at the relevant intervals (e.g. monthly in the case of monthly subscriptions) until you
cancel your subscription (see below).
Payments by credit cards are also subject to our credit card agreement which forms part of these terms and conditions.
We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out
new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees / terms.
We reserve the right to charge you for any unauthorized use of your subscription by third parties.
Cancellation By You
You may cancel your subscription at any time by going to your account settings and selecting the "Cancel Subscription" link from the account
management section on the Site.
Upon cancellation you will not be charged any further subscription fees. No payments already made will be refunded (wholly or partly) but you can of
course use up any unused membership credit in the account.
Virtual Currency (Squibbles)
In certain of our games, we offer virtual currency for sale or, in our discretion, as free promotions. Virtual currency can be redeemed (ie used) to
acquire certain digital goods / services, which we describe below as "Items". If you obtain virtual currency, you must check that it has
been correctly credited to your account and tell us immediately if not.
PLEASE TAKE NOTE that virtual currency is subject to very important restrictions:
Virtual currency expires and will be deleted if it has not been redeemed within a certain period after acquisition so you should redeem it as soon as
possible. The expiration period is whatever we specify when you acquire the virtual currency or, if we haven't specified a time limit, twelve months
Unless we say otherwise on our website, virtual currency can only be redeemed within the world of the game where you acquired it. We may at any time
change or remove any or any type of Item for which virtual currency can be redeemed as well as the amount of virtual currency needed to acquire a
particular Item. You may only redeem virtual currency for items on offer at the time of redemption.
Virtual currency does not have any inherent value and is not your own private property. You can only use them to acquire those Items which we decide in
our discretion to offer in return for virtual currency. We do not provide any cash or refunds for virtual currency (except as required by law). Virtual
currency is for your personal use only. You must not sell or transfer it or make it available to anyone else or attempt to do so or encourage anyone
else to do any of these things.
We may impose additional restrictions concerning the acquisition or redemption of virtual currency. For example we may cap the amount of virtual currency
which can be acquired or held or redeemed in any particular period or we may impose restrictions based on your country of residence.
We may restrict access to or delete virtual currency or Items: (1) as outlined under "Our Rights" above; (2) if the virtual currency was awarded
in error; or (3) if a payment for virtual currency is charged back or otherwise cancelled or reversed.
We may at any time decide to end the entire virtual currency program for all or any of our games. Before we delete the unused virtual currency, we will
provide at least 4-weeks notice to redeem it.
Functioning of the Site
We will do our best to maintain operation of the Site and rectify faults as quickly as possible. We may have to suspend operation of the Site without
notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible.
We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.
We cannot guarantee that Site will work with any particular computer equipment or in conjunction with any particular software or connectivity services.
We do not accept responsibility for such equipment, software or services.
The Site may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by
means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside
our reasonable control.
OUR AND YOUR LEGAL RESPONSIBILITY
WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A
LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH
BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY INFINITY COMPUTER CONSULTING, INC.,
TO THE MAXIMUM EXTENT ALLOWED BY LAW.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF THE SITE.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement
are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to
enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision)
on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should try to give effect
to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. Except for clauses excluding or
restricting our liability a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this agreement. These terms and conditions are governed by Federal law and any dispute connected with them or the Site will be decided
only by the courts of Palm Beach County, Florida, USA.
If you are dissatisfied with this website or any aspect of it, please contact us via the forms on our website or write to our registered office above.