TERMS AND CONDITIONS
Last updated
October 22, 2026
AGREEMENT TO OUR LEGAL TERMS
We are SANDWICH GAMES LLC
, doing business as Sandwich Games
("Company,"
"we," "us," "our"
)
, a company registered in
Washington, United States
at 18326 Royalwood Ct SE
, Yelm
, WA
98597
.
We operate
the mobile application Action Island
(the "App"
), as well as any other related products and services that
refer or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
A competitive social FPS VR game.
You can contact us by email at contact@sandwich-games.com
, or by mail to 18326 Royalwood Ct SE
, Yelm
, WA
98597
,
United States
.
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and
SANDWICH GAMES LLC, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior
notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by contact@sandwich-games.com, as stated in the email
message. By continuing to use the Services after the effective date of any changes, you agree to be bound by
the modified terms.
The Services are
intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Services. If you are a minor,
you must have your parent or guardian read and agree to these Legal Terms prior to you using the
Services.
We recommend that you print a copy
of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The
Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
Health and Safety
Action Island is a fast-moving virtual reality game. Before playing, read and follow all health and safety warnings for your Meta Quest headset. Play in a clear, safe space with your boundary set up, stay aware of your surroundings, and take regular breaks. Stop playing immediately if you feel dizzy, nauseated, disoriented, or otherwise unwell, or if you experience eye strain or discomfort.
Some people may experience seizures or blackouts triggered by flashing lights or patterns. If you or anyone in your family has a history of epilepsy or seizures, consult a doctor before playing. Adults should supervise younger players. You are responsible for your physical safety and the safety of people and property around you while you play, and you play at your own risk.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee
of all intellectual property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are
provided in or through the Services "AS IS" for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we grant you
a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access,
solely for your personal, non-commercial use.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Notwithstanding the above, you may stream, record, and share videos and screenshots of yourself playing Action Island, including on channels that earn revenue, as long as you do not suggest that we endorse you or your content, and your content complies with these Legal Terms. We may ask you to remove content that violates these Legal Terms.
If you wish to make any use of
the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: contact@sandwich-games.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us
as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services
you:
- confirm that you have read and agree with our "
PROHIBITED ACTIVITIES
" and will not post, send,
publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to
the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to
you or that you have the necessary rights and licenses to submit such Submissions
and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do
not constitute confidential information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
By using the Services, you
represent and warrant that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and
(8) your use of the Services will not violate any applicable
law or regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any portion thereof).
You play Action Island using your Meta account, and Meta's terms also apply to that account. You are responsible for keeping your Meta account secure and for all activity that happens under it. You may not sell, trade, share, or otherwise transfer your account or game progress to anyone else. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason.
Prices for all products are subject to change.
All purchases in Action Island, including in-app items, downloadable content, and subscriptions, are made through the Meta Horizon Store and processed by Meta. Meta's terms and policies apply to every purchase. We do not receive or store your payment card or billing details.
Prices are shown in the Meta Horizon Store and may change at any time. Any applicable taxes are calculated and collected by Meta.
We reserve the right to correct any errors or mistakes in pricing, even if payment has already been made.
We may limit, cancel, or reverse purchases that we reasonably believe are fraudulent, unauthorized, or made in violation of these Legal Terms.
Virtual Items and Downloadable Content
Virtual items, in-game currency, and downloadable content are licensed to you, not sold. They have no real-world monetary value, cannot be exchanged for cash or anything of value, and cannot be sold, traded, or transferred to another account or outside the game. Your license to them ends if your account is terminated or if we stop offering the Services, except where the law requires otherwise.
We may change, rebalance, or retire virtual items to improve the game. If we permanently remove paid content that you bought, we will try to provide comparable content or value where we reasonably can.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our
charging your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order. The length of
your billing cycle will depend on the type of subscription plan you choose
when you subscribed to the Services.
Cancellation
Subscriptions must be managed and canceled directly through your Meta account. You can
cancel your subscription by logging into the Meta Horizon mobile app, visiting the Meta Horizon website under
account settings, or directly inside your Meta Quest headset by opening the Meta Horizon Store, selecting your
profile icon, and navigating to the "Subscriptions" menu.
Your cancellation will take effect at the end of the current paid
term. If you have any questions or are unsatisfied with our Services, please email us at
contact@sandwich-games.com.
Fee Changes
We may, from time to
time, make changes to the subscription fee and will communicate any price changes to you in accordance with
applicable law.
8. REFUNDS POLICY
Because all purchases are processed by Meta, refunds are handled by Meta under the Meta Horizon Store refund policy. To request a refund, contact Meta through your account or Meta's support website. Apart from refunds issued by Meta and any refunds required by law, all purchases are final, and we do not offer separate refunds.
9. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an end user
license agreement ("EULA"), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in
accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any
kind, either express or implied, including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software except in accordance with the
EULA or these Legal Terms.
10. PROHIBITED ACTIVITIES
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized
framing of or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized
use of the Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
-
Engage in cheating, hacking, utilizing unauthorized mods, using aimbots or
wallhacks, exploiting glitches, disrupting multiplayer matchmaking, or using abusive, harassing, or
toxic language in voice or text chat.
-
Sell or otherwise transfer your profile.
-
Use the Services to advertise or offer to sell goods and services.
11. VOICE CHAT AND USER CONTRIBUTIONS
The Services include live voice chat with other players. You are responsible for everything you say, and the PROHIBITED ACTIVITIES section applies to voice chat. You can mute other players at any time and block players through your Meta account. Other players' words and actions are their own and not ours. We do not monitor every match and cannot control what other players say or do, but we review reports and take action under these Legal Terms. If another player makes you feel unsafe, mute or block them and report them to us or through Meta. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Services' Privacy Policy.
When you create or make available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the necessary licenses
, rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
You and Services agree that we may
access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
13. APP LICENSE AND META QUEST
Use License
If you access the Services via the
App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App
on Meta Quest devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1)
except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your
access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating
endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7) use
the App for creating a product, service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the App; (8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
Meta Quest and Third-Party Services
Action Island is distributed through the Meta Horizon Store and relies on services provided by other companies, including the Meta Horizon platform and Epic Online Services. Your use of those services is also governed by their own terms of service and privacy policies, including Meta's terms for the Meta Horizon Store. We are not responsible for third-party services, and their outages or changes may affect the Services.
Meta Platforms, Inc. and its affiliates are not parties to these Legal Terms and are not responsible for the Services or for providing any maintenance or support for them. Any questions, complaints, or claims about Action Island should be directed to us, not to Meta. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country, and (ii) you are not listed on any US government list of prohibited or restricted parties.
14. SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://privacy.sandwich-games.com/
. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in the United States
. If you access the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in
the United States
, then through your continued use of the Services, you are transferring your
data to
the United States
, and you expressly consent to have your data transferred to and processed in
the United States
.
Further, we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to
us without the requisite and verifiable parental consent, we will delete that information from the
Services as quickly as is reasonably practical.
16. TERM AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
Depending on how serious a violation is, we may warn you, mute you or restrict features such as voice chat, reset your stats or remove you from leaderboards, suspend your access, or permanently ban your account. For serious or repeated violations, such as cheating, we may also use Meta's device ban feature so that the banned device can no longer access the Services. If you are suspended or banned for violating these Legal Terms, you may lose access to virtual items and content you purchased, and you will not receive a refund unless the law requires one. If you believe we made a mistake, email us at contact@sandwich-games.com and we will review it.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the
Services are governed by and construed in accordance with the laws of
the State of Washington
applicable to agreements made and to be entirely performed within
the State of Washington
, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA)
website. Your arbitration fees and your share of arbitrator compensation shall be governed by the
AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in
United States of America,
Washington
. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the
state and federal
courts
located in
United States of America,
Washington
, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by either Party related in any way to
the Services be commenced more than one (1) years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
20. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior
notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE six (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these
Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us
emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies
or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these Legal Terms or
use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the Services, please contact us
at:
SANDWICH GAMES LLC
18326 Royalwood Ct SE
Yelm
, WA
98597
United States