Terms of Service ("TOS") 
Effective Date: June 26, 2019

These terms of service (“TOS”) apply to you and Goofy Gamer LLC regarding your use of Goofy Gamer LLC´s games, websites and related services ("Services"). Use of the Services is also governed by Goofy Gamer LLC´s Privacy Policy available here, which is incorporated by reference.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.

If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.

Goofy Gamer LLC may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOS.

1. Right to Use the Services

Subject to these TOS, Goofy Gamer LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as previously set forth, you do not receive any other license. Goofy Gamer LLC retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Goofy Gamer LLC’s prior written consent. Goofy Gamer LLC reserves all rights not expressly granted to you herein.

The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Goofy Gamer LLC or third parties.

2. Purchases in the Services

Goofy Gamer LLC may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

Goofy Gamer LLC may manage, control, modify or eliminate Virtual Items at any time, with or without notice.

The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.

Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Goofy Gamer LLC nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Goofy Gamer LLC is not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.

Accordingly, you agree that Goofy Gamer LLC is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. 

If you ask for your personal data to be deleted as described in Goofy Gamer LLC’s Privacy Policy, you will permanently forfeit all of your Virtual Items without the right to refund, as Goofy Gamer LLC will no longer be able associate such Virtual Items with you.

3. Code of Conduct

You agree that you will not, under any circumstances:

4. Third-Party Services

Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which Goofy Gamer LLC is not a party.

5. Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Goofy Gamer LLC may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.

Goofy Gamer LLC reserves the right to delete your Account if Goofy Gamer LLC observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

6. User Contributions

The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant Goofy Gamer LLC a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. 

Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Goofy Gamer LLC's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Goofy Gamer LLC, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS. 

Goofy Gamer LLC, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Goofy Gamer LLC or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Goofy Gamer LLC without compensation to you or any third party and you grant Goofy Gamer LLC a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

7. Communications between Users of the Services

Goofy Gamer LLC assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Goofy Gamer LLC does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Goofy Gamer LLC may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.

Goofy Gamer LLC reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Goofy Gamer LLC chooses, at its sole discretion, to monitor the Services, Goofy Gamer LLC nonetheless assumes no responsibility for content made available by users of the Services, and Goofy Gamer LLC assumes no obligation to modify or remove any inappropriate content. 

8. Suspension and Termination for your Breach

Without limiting any other remedies available to Goofy Gamer LLC, if Goofy Gamer LLC believes that you are in breach of these TOS, Goofy Gamer LLC reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

9. Availability of the Services

Goofy Gamer LLC may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Goofy Gamer LLC believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS. 

Goofy Gamer LLC reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Goofy Gamer LLC does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.

10. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. Goofy Gamer LLC does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Goofy Gamer LLC does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Goofy Gamer LLC, its employees or other representatives constitute a warranty.

11. Limitations of Liability

In no way will Goofy Gamer LLC be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Goofy Gamer LLC has been advised of the possibility of such damages. For purposes of Article 11 “Limitations of Liability,” Goofy Gamer LLC’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

You agree to indemnify, defend and hold Goofy Gamer LLC (and Goofy Gamer LLC´s officers, directors, agents, subsidiaries, joint ventures and employees) 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 Services, or any breach by you of these TOS.

12. Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice to: goofygamerllc@gmail.com.

Please include all of the following in your DMCA notice:

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Goofy Gamer LLC.

13. Links to Third-Party Products and Services

Goofy Gamer LLC may link to third-party websites or services from the Services. You understand that Goofy Gamer LLC makes no promises regarding any content, goods or services provided by such third parties and, you understand Goofy Gamer LLC does not endorse them. Goofy Gamer LLC is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Goofy Gamer LLC´s Privacy Policy does not apply in relation to such data. 

14. Changes to these TOS

Goofy Gamer LLC may update these TOS from time to time. When Goofy Gamer LLC updates these TOS, Goofy Gamer LLC will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Goofy Gamer LLC makes.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

15. Governing Law

These TOS are governed by the laws of the State of Nevada and applicable United States federal laws regardless of conflict of law provisions. If you are a resident outside the United States, you agree that all disputes between you and Goofy Gamer LLC shall be governed by the laws of the United States, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Goofy Gamer LLC must be resolved exclusively by a court located in Las Vegas, Nevada, USA.

16. Assignment, Severability and Entire Agreement

Goofy Gamer LLC may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Policy without Goofy Gamer LLC’s prior written consent, and any unauthorized assignment and delegation by you is void.

If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Goofy Gamer LLC’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

This TOS and Privacy Policy set out the entire agreement between you and Goofy Gamer LLC regarding the Services and supersede all earlier agreements and understandings between you and Goofy Gamer LLC.

Any failure by Goofy Gamer LLC to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Goofy Gamer LLC.

If you have any questions about these TOS, please contact goofygamerllc@gmail.com