1.1 Welcome to Untamed Isles!
1.2 These Terms apply to your use of Untamed Isles , the Services and the Materials. By accessing and using Untamed Isles, the Services or the Materials you agree to these Terms.
1.3 If you do not agree to these Terms, you are not authorised to access and use Untamed Isles, the Services or the Materials, and you must immediately stop doing so.
1.4 You must not use Untamed Isles, the Services or the Materials if you are not 13 years old (or the minimum age required in your country to use Untamed Isles, the Services or the Materials), or are temporarily or indefinitely suspended from using Untamed Isles, the Services or the Materials, or are a person with whom transactions are prohibited under economic or trade sanctions or embargo.
1.5 If you are a resident of the United States, these Terms include a clause dealing with how disputes are resolved between users and other users or merchants, an arbitration clause, and a class action waiver that will impact any dispute resolution or claims under or in connection with these Terms. Please see clause 14 (Dispute Resolution, Binding Arbitration and Class Action Waiver for Residents of the United States) below for further details.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By accessing or using Untamed Isles, the Services or the Materials after the Terms have been updated, you agree to be bound by the changed Terms.
2.2 We may, without notice or liability, alter, modify, redesign, change, suspend, discontinue, or restrict access to, any aspect or feature of Untamed Isles, the Services or the Materials, including the Virtual Items.
2.3 Terms last updated: These Terms were last updated on 1st August 2022
3 DEFINITIONS AND INTERPRETATION
3.1 Definitions: In these Terms:
Approved Third Party Marketplace means the marketplace at marketplace.untamedisles.com and any other marketplace that we may designate on the Website as an approved third party marketplace for trading Virtual Items
including and similar words do not imply any limit
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
Licence has the meaning given in clause 4
Licence Fee has the meaning given in clause 6.1
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Materials means all materials that are generated, provided, or otherwise made available by us or through Untamed Isles or the Services, including software, documentation, Virtual Items, information, data, text, graphics, artwork, photographs, logos, icons, sound recordings and videos, but excluding User Content
Objectionable includes being objectionable, defamatory, libellous, obscene, offensive, harassing, threatening, inaccurate, misleading, harmful, discriminatory, sexual, pornographic or unlawful in any way
personal information means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws
Services means the provision of Untamed Isles, the Website, and any other tools, infrastructure and services provided by us from time to time
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Untamed Isles, the Materials and/or the Services, including any third party solutions, systems and networks
Untamed Isles means the online game known as Untamed Isles
User Content means materials that are submitted or otherwise made available to us, Untamed Isles or the Services by you or other game users, including the content of any posts on the Website or any associated website, forum, distribution platform, online store, or social networking site, or in any messages sent between users of the Untamed Isles or the Services (including as part of Untamed Isles gameplay)
User ID means a unique name and/or password selected by or allocated to you to allow you to access and use Untamed Isles, the Materials and/or the Services
Virtual Currency means in-game virtual currency such asgems,shards,chips andfragments generated through Untamed Isles gameplay or purchased usingreal world money
Virtual Items means virtual items generated through Untamed Isles gameplay or purchased using In-game Currency orreal world money, including monsters, equipment, consumables and cosmetic items
We, us or our means Untamed Isles Limited, a New Zealand company, company number 8171118
Website means the internet site untamedisles.com, or such other site notified to you by us
You means you, the person accessing or using Untamed Isles, the Services or the Materials.
5 YOUR OBLIGATIONS
5.1 You must:
a use Untamed Isles, the Services and the Materials in accordance with these Terms and solely for your lawful personal, non-commercial purposes; and
b not resell or make available Untamed Isles, the Services or the Materials to any third party, or otherwise commercially exploit Untamed Isles, the Services or the Materials.
5.2 You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete.
5.3 You must:
a ensure that your selected User ID is not Objectionable in any way. We can decline to open an account or to make Untamed Isles, the Services or the Materials available to you without notice if we consider your User ID to be Objectionable in our sole discretion;
b keep your User ID secure;
c not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
d immediately notify us if you become aware of any unauthorized use or disclosure of your User ID, by sending an email to [email protected]
5.4 You must:
a not impersonate another person or misrepresent authorisation to act on behalf of others or us;
b correctly identify the sender of all electronic transmissions;
c not post, upload or transfer User Content that:
i is Objectionable;
ii breaches any third party right (including Intellectual Property Rights and privacy rights); or
iii advertises or promotes any person or their goods or services (except with our prior written consent);
d not transfer your account or User ID to another person without our prior written permission;
e not perform in-game services (e.g.account boosting) for any form of payment;
f not harvest or otherwise collect information about users of Untamed Isles or the Services without their consent;
g not create or transmit unwanted electronic communications to other users of the Game
h not change or remove any copyright and other proprietary notices relating to Untamed Isles, the Services or the Materials;
i not modify, copy, reproduce, store, distribute, print, display, publish or create derivative works from any part of Untamed Isles, the Services or the Materials other than:
i making a single copy, for your own back-up purposes, of Materials that we have made available to you;
ii in the case of Untamed Isles client software that we have made available to you as part of the Materials, in the normal course of Untamed Isles gameplay as permitted in accordance with these Terms; and
iii as otherwise permitted in accordance with these Terms;
j not decompile, disassemble or reverse engineer any of the software comprised in, or used to provide, Untamed Isles, the Services or the Materials, or seek to establish the technical processes, operations, communication protocols, internal structures or workings of the Website, Materials or Services, other than (in the case of software that we have made available to you as part of the Materials) to the extent expressly permitted by any applicable law or treaty where that law or treaty cannot be excluded, restricted or modified by these Terms;
k not act in a way, or use or introduce anything (including any bots, mods, hacks, scripts or other similar feature, or any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way:
i modifies or automates the operation of Untamed Isles or the Services or provides an unfair competitive advantage;
ii compromises, or may compromise the functionality, security or integrity of Untamed Isles, the Services, the Materials or the Underlying Systems,
iii impairs the ability of any other user to use Untamed Isles, the Services or the Materials or diminishes other users’ game experience;
l not take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in Untamed Isles, the Services, the Materials or the Underlying Systems;
m not circumvent, attempt to circumvent or disable any security or digital rights management protocols or mechanism in Untamed Isles, the Services, the Materials or the Underlying Systems;
n not circumvent or attempt to circumvent any restriction in Untamed Isles, the Services or the Materials based upon age, geography, or other restriction imposed by us;
o not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy or monitor Untamed Isles, the Services or the Materials; and
p not breach or circumvent any applicable law, regulations or third-party rights, including all applicable trade regulations and both foreign and domestic laws (e.g., you cannot use the Untamed Isles, the Services or the Materials if you are located in a country that is subject to a United Nations or New Zealand government embargo, or that has been designated by the United Nations or New Zealand government as aterrorist supporting country, or you are listed on any United Nations or New Zealand government list of prohibited or restricted parties).
5.5 If you breach these Terms we may, in our sole discretion, suspend or terminate your account or the Licence or restrict your access to Untamed Isles, the Services and/or the Materials.
6 FEES, VIRTUAL CURRENCY AND VIRTUAL ITEMS
6.1 The price for the Licence (Licence Fee) and any other applicable associated fees (e.g., shipping) will be displayed to you at the time of purchase. All fees charged are exclusive of local sales taxes which are your responsibility to pay.
6.2 Other than the Licence Fee, there are no charges for you to play Untamed Isles.
6.3 We may offer Virtual Currency which can, in accordance with the procedures and further terms specified by us from time to time, be used to pay for certain goods and services relating to Untamed Isles, the Services or the Materials that may be offered by us from time to time, including Virtual Items.
6.4 We reserve the right:
a to offer or cease to offer Virtual Currency or Virtual Items or to restrict the purchase of Virtual Currency or Virtual Items by you at our sole discretion;
b to the maximum permitted by law, to alter the terms and conditions relating to any Virtual Currency or Virtual Items which you have previously acquired; and
c to provide Virtual Currency or Virtual Items at no charge or at reduced rates to any other users of any of Untamed Isles, the Services or the Materials on such terms and conditions as we at our sole discretion consider appropriate.
6.5 The cost of any Virtual Currency or Virtual Item will be as specified by us at our sole discretion from time to time. Any Virtual Currency or Virtual Item available for purchase may only be purchased by such means and in accordance with any further conditions as we at our sole discretion may specify.
6.6 We reserve the right at any time without notice to cancel any Virtual Currency or Virtual Item previously acquired by you, as we at our sole discretion consider appropriate. In addition, in the event of the cancellation of your account any unused Virtual Currency and any Virtual Item you currently hold will automatically be deemed to also be cancelled. To the maximum extent permitted by law, we will have no liability to you with regard to any cancelled Virtual Currency or Virtual Item including to refund to you the purchase price paid for such Virtual Currency or Virtual Item.
6.7 You are not entitled to transfer any Virtual Currency or Virtual Item to any other person or entity, use such Virtual Currency or Virtual Item for the benefit of any other person or entity or deal with the Virtual Currency or Virtual Item or any rights or interest in the Virtual Currency or Virtual Item in any way, except as explicitly provided for in these Terms.
6.8 Virtual Currency and Virtual Items do not have monetary value, and may not be redeemed for legal currency, services, or items of value except through the Services and Approved Third Party Marketplaces. You must not receive, transfer, buy, sell or trade Virtual Currency or Virtual Items except through the Services and Approved Third Party Marketplaces.
6.9 Virtual Currency and Virtual Items are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable licence. You have no property interest, right or title in or to any Virtual Currency and Virtual Items.
6.10 We may terminate your licence to Virtual Currency and Virtual Items at any time and at our sole discretion.
6.11 For all charges for any Virtual Currency and Virtual Items sold within Untamed Isles or the Services, we, or payment processor acting on our behalf, will bill your credit card or alternative payment method. All prices for Virtual Currency and Virtual Items are displayed excluding taxes. You must pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
6.12 If your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we may delete the Virtual Currency or Virtual Items from your account.
6.13 You must not cancel or reverse any charges for Virtual Currency or Virtual Items or otherwise attempt to defraud us.
6.14 All purchases of Virtual Currency and Virtual Items are non-returnable and non-refundable. Certain jurisdictions may provide additional statutory rights. Nothing in these Terms is meant to limit your return or cancellation rights for your purchase of Virtual Currency or Virtual Items under local law.
6.15 Certain portions of the Services and Approved Third Party Marketplaces allow a user to enable trading of Virtual Currency and/or Virtual Items with other users. You acknowledge that your decision to enter into any trade of Virtual Currency and/or Virtual Items is at your sole discretion and your own risk. We do not screen trading partners and we make no guarantee that a trade will be satisfactory or that trades will be a fair exchange of value between the parties to that trade.
6.16 We reserve the right to determine in our sole discretion, with or without notice, what and when Virtual Currency and/or Virtual Items may be traded between and among users.
6.17 Non-tradable items cannot be traded under any circumstances.
6.18 Any attempt to trade outside the Services or Approved Third Party Marketplaces or to trade a prohibited item may result in your account or the Licence being suspended or terminated.
7 USER CONTENT
7.1 By posting or submitting any User Content, you grant to us and our sublicensees, a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed, including the right to exploit any Intellectual Property Rights in such User Content.
7.2 You represent and warrant that:
a you own or control all of the rights to the User Content that you post or submit or otherwise have the right to post or submit such User Content;
b the User Content that you post or submit is accurate and not misleading; and
c the User Content that you post or submit and your posting or submission of that User Content does not breach these Terms or any third party right (including Intellectual Property Rights and privacy rights).
7.3 You are solely responsible for the User Content that you post or submit, including any material or information that you transmit to other users or post on any website, forum, distribution platform, online store, or social networking site associated with Untamed Isles.
7.4 We do not have an obligation to delete, screen or edit any User Content; however, we reserve the right to delete, screen or edit any User Content at any time and for any reason without notice. Without limiting the foregoing, we may remove any User Content for any reason including if in our sole judgment the User Content is Objectionable, breaches any third party right or otherwise breaches these Terms.
7.5 We do not endorse any User Content and take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any Loss related to such User Content.
8 INTELLECTUAL PROPERTY
8.1 We (and our licensors) own all Intellectual Property Rights in Untamed Isles, the Services and Materials (including look and feel), and the Underlying Systems.
8.2 If you believe any part of Untamed Isles, the Services, the Materials or the User Content infringes your Intellectual Property Rights and you wish to file an infringement notification with us, please email us at [email protected].
10.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a Untamed Isles, the Services or the Materials being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through Untamed Isles, the Services or the Materials;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Untamed Isles, the Services or the Materials. To avoid doubt, you are responsible for ensuring the process by which you access and use of Untamed Isles, the Services or the Materials protects you from this; and
d any site linked from Untamed Isles, the Services or the Materials. Any link on Untamed Isles, the Services or the Materials to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.
10.2 We make no representation or warranty that Untamed Isles, the Services, the Materials or User Content are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of Untamed Isles, the Services, the Materials and User Content is not illegal or prohibited, and for your own compliance with applicable local laws.
11.1 To the maximum extent permitted by law:
a you access and use Untamed Isles, the Services, the Materials and User Content at your own risk;
b you agree that Untamed Isles, the Services, the Materials and any User Content made available through Untamed Isles and the Services is being provided to you on an as is and as available basis;
c all conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty of merchantability, fitness for a particular purpose, and non-infringement) are expressly excluded; and
d we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Untamed Isles, the Services, the Materials or any User Content,or your access and use of (or inability to access or use) Untamed Isles, the Services, the Materials or any User Content. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
11.2 To the maximum extent permitted by law and only to the extent clause11.1 does not apply, our total liability to you under or in connection with these Terms, or in connection with Untamed Isles, the Services, the Materials or any User Content made available through Untamed Isles and the Services, or your access and use of (or inability to access or use) Untamed Isles, the Services, the Materials or any User Content, must not exceed the Licence Fee paid by you.
11.3 We will not be liable to you under or in connection with these Untamed Isles, the Services, the Materials or any User Content for any:
a loss of profit, revenue, savings, business, use, data (including your User Content), and/or goodwill; or
b consequential, indirect, incidental or special damage or loss of any kind.
11.4 Clauses 11.1 to 11.3 do not apply to limit:
a our liability under or in connection with these Terms:
i for personal injury or death; or
ii for fraud or wilful misconduct; or
b any liability that cannot be excluded by law. To the extent our liability cannot be excluded but can be limited, our liability is limited to the Licence Fee paid by you.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
a your failure to comply with these Terms, including any failure of a person who accesses and uses Untamed Isles, the Services or the Materials by using your User ID;
b your breach of any third party right (including Intellectual Property Rights and privacy rights) or any applicable law; or
c any actual or alleged claim by a third party that any User Content you have posted or submitted infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or is Objectionable.
13 SUSPENSION AND TERMINATION
13.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your account, your access to Untamed Isles, the Services and/or the Materials (or any part of them), and/or the Licence and/or delete, edit or remove User Content.
13.2 On suspension or termination of your access to Untamed Isles, the Services and/or the Materials, you must immediately cease using Untamed Isles, the Services and/or the Materials (as applicable) and must not attempt to gain further access.
13.3 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8, 9, 10, 11, 12, 13.3, 14, 15.1 and 15.2, continue in force.
14 DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER FOR RESIDENTS OF THE UNITED STATES
14.1 If you are a resident of the United States, and a dispute or claim arises out of or relates to these Terms, Untamed Isles, the Services, the Materials of the User Content, the dispute must be determined by arbitration in accordance with this clause 14, except that you may assert claims in small claims court if your claims qualify.
14.2 This clause 14 does not apply if you are not a resident of the United States.
14.3 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is more limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). An arbitrator must also apply the terms of these Terms as a court would.
14.4 Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both parties agree otherwise, an arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. An arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims.
14.5 If a court decides that any of the limitations in clause 14.4 are not enforceable under applicable law in relation to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or remedy request) must be severed from the arbitration and may be brought in court, subject to both party’s rights to appeal the court’s decision. All other claims and remedy requests will be arbitrated in accordance with this clause 14.
14.6 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim to us at our address for notices as set out in clause 15.4. We will send any notice commencing arbitration to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date.
14.7 The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
14.8 Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will, at your request, reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines your claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous.
14.9 You may choose to have the arbitration conducted in person in your hometown or the county where you live or at another mutually agreed location. Either party may attend by telephone or via another mutually agreed electronic means (e.g., by video-conference), unless the arbitrator requires otherwise.
14.10 If for any reason a claim proceeds in court rather than in arbitration, both parties agree to waive any right to a jury trial to the fullest extent permitted by law.
15.1 If you are a resident of the United States, these Terms, and any dispute relating to these Terms, Untamed Isles, the Services, the Materials, the User Content or your use of the foregoing, are governed by and must be interpreted in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without reference to its conflicts of laws provisions.
15.2 If you are not a resident of the United States:
a these Terms, and any dispute relating to these Terms, Untamed Isles, the Services, the Materials, the User Content or your use of the foregoing, are governed by and must be interpreted in accordance with the laws of New Zealand, without reference to its conflicts of laws provisions; and
b each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, Untamed Isles, the Services, the Materials, the User Content or your use of the foregoing.
15.3 If we need to contact you, we may do so by posting a notice on Untamed Isles. You agree that this satisfies all legal requirements in relation to written communications.
15.4 All notices and communications given by you to us under or in connection with these Terms must be in writing and be sent by post, delivered personally or sent by email to the address or email address set out below (or at such other address as we may notify to you from time to time). A notice sent by email will not be validly given if, within 24 hours after the email is sent, a return email is received by the sender stating that the addressee’s email address is wrong or that the message cannot be delivered.
Address for postal and personal delivery:
Untamed Isles Limited
6 Hopcroft Street
Attention: Chief Operating Officer
Email address: [email protected]
15.5 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
15.6 You may not assign, novate, subcontract or transfer any right or obligation under these Terms.
15.7 No person other than us and you has any right to a benefit under, or to enforce, these Terms.
15.8 Subject to clause 2.1, any variation to these Terms must be in writing and signed by both parties.
15.9 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
15.10 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
15.11 These Terms set out everything relating to your use of Untamed Isles, the Services, the Materials and the User Content and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Untamed Isles, the Services, the Materials or the User Content that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. The parties agree that it is fair and reasonable that the parties are bound by this clause 15.11.