INTRODUCTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW) FROM GRISTMILL STUDIOS, LLC. BY USING THE SERVICES, YOU AGREE TO these Terms and Conditions of Use, our End User License Agreement, our Brand and Asset Usage Policy, and our Privacy Policy, so please read through them carefully. If you are young and you are having trouble understanding these terms and conditions, please ask a responsible adult such as your parent or guardian. Remember to check back here once in a while because we might change these terms and conditions.
If there’s anything legal you’re wondering about that isn’t answered from this page, don’t do it. Basically, don’t be ridiculous and we won’t.
SERVICES
The Services (“Services”) include, but are not limited to, the Games (as defined in the End User License Agreement), any forums that we may provide, and any gifts, services or products sent by us based on anything you purchase from us.
GRISTMILLSTUDIOS.COM WEBSITE TERMS OF USE
These terms of use cover the ways our website www.gristmillstudios.com (our “Website”) will be provided to you and may be used by you. It is important to us that all of the members of our community can enjoy using our Website, so we’ve made these terms and conditions to set a few ground rules. We also want to make sure that people don’t use our Website in a way which might have a bad impact on our games or our brand.
By visiting our Website, you are agreeing to these terms and conditions, which makes a legal agreement between us both. If you don’t agree with these terms and conditions, you should stop using the Website.
REGISTRATION, ACCOUNT AND PASSWORD
The details you give us as part of the registration must be correct. You can change your registration details if they become out of date. If you deliberately tell us something that you know isn’t true, and we end up in trouble or we lose money, we may hold you responsible. That means that you may have to compensate us for the damage you cause and what we have lost.
You might need to register with us to access all of the parts of our Website. The username and password that you create are private so you must keep them to yourself. If you let someone find out your username and password, and they do something bad with our website, we will hold you responsible. You should change your password if you think someone else knows what it is. If someone uses your password to do something on our Website that you don’t like or that causes you harm, we can’t be and aren’t responsible.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
You are free to use our Website as long as you stick to these terms and conditions. You can only use this Website and its content for your personal use. You can’t use our Website for commercial purposes, so don’t try and make any money from the Website. Your permission to use this Website is personal to you, so you can’t give it to anyone else.
Don’t forget that we still own the Website and the content on it, but we are giving you a permission to use it. We want you to enjoy using our Website, but if we want, we can take away your permission to use our Website at any time for any reason.
RESTRICTIONS AND OBLIGATIONS
You aren’t allowed to hack, decompile or change our Website at all and you should not do so. This includes the code or any content or data. Basically, you should just leave it as it is. You also aren’t allowed to create any software or content that mimics our Website. We really don’t want any of our community to get confused about which is the official Website and which is a website which someone other than us operates.
Please don’t use our Website in a way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable. We don’t want our Website to be used in a way which upsets people.
You also aren’t allowed to try to make money out of using our Website.
FORUM AND COMMUNICATIONS
If we are running a forum, we are just allowing members of our community to put their thoughts on our Website. It doesn’t mean we agree with those thoughts, and we can’t be held responsible for what people post on our Website.
If we happen to see a post that we think is offensive, we might take it down, but it’s not our job to select or moderate all the posts people make. What we say about forums and posts also applies to anything which enables people to put any other content, views or material on our Website or send it to others using the Website.
If you are going to put something up on our Website, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not put on our Website include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person’s reputation; posts that include porn, advertising or someone else’s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
If you put something which you don’t own onto or our Website, you could get us into a lot of trouble so please don’t do it. If you post content on our Website, and we get sued by someone because the content infringes that persons rights, you will have to pay us back for any damage we suffer because we have been sued. Therefore it is really important that you only post content that you have created and you don’t post any content created by anyone else.
If you post any content on our Website, you must (and by doing so you actually do) give us permission to use, copy, modify and adapt that content as part of our business. This permission must be irrevocable. You must also let us permit other people to use, copy, modify and adapt your content. If you don’t want to give us this permission, then please do not post any content on our Website. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don’t like.
Watch out if you are talking to people on or through our Website. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should always think twice about giving out information about yourself.
LIABILITY
When you use our Website, you use it ‘as is’. This means that we are not making any promises to you about the standard or quality of our Website, or that our Website will be uninterrupted or error free. We only promise to provide our Website and any services with reasonable skill and care. This means that we aren’t responsible for any losses you suffer as a result of your use of our Website.
If we have linked our Website to another website, it doesn’t mean we have checked that website. It just means that we think it’s interesting. We aren’t responsible for websites linked to our Website.
PURCHASES
You can buy games from our Website, as well as other products. In order to do this, our Website is integrated with third party service providers. All of the things we sell on our Website are covered by these terms of use as well as the terms and conditions of any of our third party service providers. We try to make sure the Website only shows games or products that are available, but of course we can’t guarantee that all of the games or products will always be available.
PRICE AND PAYMENT
You have to send us the money for the game or product when you make the offer to buy it. We will keep this money for you. If we accept your offer, we will take that money as payment for the game or product. If we don’t accept your offer, we will send the money back to you.
The payment method and system is set out on our Website, but we might change it every once in a while and we can refuse any form of payment if we want. You must always pay in the currency set out on our Website, but your credit card company should be able to exchange your money if necessary. You credit card company might do security checks to make sure it is really you making the order.
RETURNS, REFUNDS AND CANCELLATION
If you can’t use a game or a product because it doesn’t work, let us know and we’ll try to help you out.
The purchase of a game through our Website is a service that commences when the download of the game starts, following which you shall not be entitled to cancel your order for the game.
ERRORS
We do what we can to make sure all of the information on our Website is correct. However, sometimes there might be errors. We might also cancel or suspend a transaction if there has been an error.
PROMOTIONS
Sometimes we run promotions. If we do, the main rules of the promotion are below. There might be other rules relating to a particular promotion, but we will tell you about them when we tell you about the promotion.
The main rules are:
- Only one promotion can be used at a time, and you can’t use a promotion with another offer.
- Discounts are only valid until the date specified and they only apply to purchases made on the Website.
- Discounts are not refundable.
We can cancel any promotion at a time.
GENERAL STUFF
These terms of use are subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
We can change these terms of use at any time. We don’t need to tell you about the changes for them to have effect, and the effect could be retrospective. You should check back here from time to time so you are aware of any changes to these terms of use.
If you come to us with a suggestion for any one of our Websites or games, that suggestion is made for free. This means we can use your suggestion in any way we want and we don’t have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.
Subject to the laws of your country of residence, minor children may utilize the Website established by and/or a Game downloaded by their parent or legal guardian with the approval of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an account on the Website or the Game, you hereby agree to these Terms of Use on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses by your Child whether or not such uses were authorized by you, including without limitation, your Child’s acceptance of the EULA for Games or any Game-specific Terms of Use.
WE ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY GAMES OR YOUR INABILITY TO USE THE WEBSITE OR ANY GAMES. IN NO CASE SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE GAMES. IN NO CASE SHALL OUR LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. 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, our liability shall be limited to the fullest extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE OR THE GAME, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
You agree to indemnify, defend and hold us 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 Service or any Game, or any breach by you of the Terms and Conditions of Use, End User License Agreement, our Brand and Asset Usage Policy, and our Privacy Policy.