TERMS OF SERVICE


Agreement between you (the 'User') and www.gnomeescape.com


Welcome to www.gnomeescape.com. The www.gnomeescape.com website (the 'Site') is comprised of various web pages operated by Gnome Escape, LLC. ('Gnome Escape'), though which the e-commerce site GnomeEscape.com is operated (the 'Gnome Escape Service'). The Gnome Escape Service and the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the 'Terms'). Your use of the Gnome Escape Service and the Site, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.


The Site introduces certain users that have opted to have provided their info to successfully complete the required registration process with the Gnome Escape Service ('Registered Users') to discover and try new mobile applications for various iOS mobile devices (e.g, iPhone, iPod Touch, iPad) and various Android mobile devices. The Site features and promotes various mobile games and applications for the iOS and Android mobile platforms through the 'App Blogs', 'Try Apps' and 'Take Surverys' sections that are offered on the Site and though the Gnome Escape Service to Registered Users.


Registered Users can find, discover, view, vote, provide feedback, and opt to download for free various paid and free mobile applications that featured from Gnome Escape's developer and advertiser partners in the Try Apps, Take Surveys and App Blog sections of the Site.


When Registered Users take various actions on the Site (e.g. trying out an app, voting on an app, and providing feedback on an app), Registered Users may earn various amounts of points called 'Gooms' ('Points'). Such Points are accrued to your Registered User account with the Gnome Escape Service and after accruing certain designated Point amounts, each Registered User may opt to redeem their Points through the Gnome Escape Service and request to download via the Gnome Escape Service a paid application of Registered User's choice from the US iTunes App Store catalog, at no cost.


Points are non-transferable, have no cash value and expire after six (6) months from the original date that each Point is issued to user. Gnome Escape reserves the right to change or adjust the amount of Points offered for each action and may also terminate Points for any or no reason, at any time and without notice.


BETA Period & BETA Program


The Gnome Escape Service located at www.gnomeescape.com is currently in live BETA and its use is restricted to: (a) those certain users who have successfully completed the initial registration process and who have been accepted into the BETA program by Gnome Escape and have become a Registered User of the Gnome Escape Service and; (b) those certain users who they may have referred by Registered Users to the Gnome Escape Service using tools provided by Gnome Escape.


(a) This is not a final version of the Gnome Escape service located at www.gnomeescape.com and you understand that all elements of Gnome Escape are currently in testing and may contain anomalies or generate results that are undesirable or incorrect;


(b) Your use of the Gnome Escape service is entirely at your own risk and Gnome Escape makes no representations that any customer service or technical support will be available at any time for any reason;


(c) There is no guarantee of a specific release date for the public release version of the Gnome Escape service nor are there any warranties or representations on the part of Gnome Escape, LLC. that specific features present in the BETA period will be included or excluded in any future versions of the service;


(d) Gnome Escape, LLC. makes no claim of guaranteed uptime or service availability and shall not be liable for any delay or failure of the Gnome Escape Service during the BETA period to perform adequately for any purpose;


(e) At any time prior to the completion of the BETA program, all data, information, user profile information and other user submissions may be deleted, removed or disregarded by Gnome Escape, LLC. In the event of such loss, whether such loss is intentional or unintentional, Gnome Escape, LLC. shall have no liability or obligation to you whatsoever.


Privacy


Your use of www.gnomeescape.com and the Gnome Escape Service is subject to Gnome Escape's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.


Electronic Communications


Visiting www.gnomeescape.com or sending e-mails to Gnome Escape constitutes electronic communications. You consent to receive electronic communications and you agree that all s, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.


Your Registered User Account


If you use this Site, you are responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including you account username and account password. You may not assign or otherwise transfer your account, or any contents therein, to any other person or entity. You acknowledge that Gnome Escape is not responsible for any unauthorized third-party access to your account that results from theft or misappropriation of your account username and account password. Gnome Escape and its associates reserve the right to refuse or cancel service, terminate accounts, or move or edit content at our sole discretion.


Gnome Escape does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13) year old. If you are under eighteen (18) years old, you may use www.gnomeescape.com only with the permission of a parent or guardian.


Links to third-party sites/ third-party services


The Gnome Escape Service and the Site located at www.gnomeescape.com may contain links to other websites ('Linked Sites'). The Linked Sites are not under the control of Gnome Escape and Gnome Escape is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gnome Escape is providing these links to you, the user, only as a convenience, and the inclusion of any link does not imply endorsement by Gnome Escape of the site or any association with its operators.


Certain services made available via www.gnomeescape.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gnomeescape.com domain, you hereby acknowledge and consent that Gnome Escape may share such information and data with any third party with whom Gnome Escape has a contractual relationship to provide the requested product, service or functionality on behalf of www.gnomeesscape.com users and customers.


No unlawful or prohibited use/Intellectual Property


You are granted a non-exclusive, non-transferable, revocable license to access and use www.gnomeescape.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Gnome Escape that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.


You may not use the Site in any manner, which could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.


All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gnome Escape or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.


You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gnome Escape content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gnome Escape and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gnome Escape or our licensors except as expressly authorized by these Terms.


Use of communication services


The Site may contain bulletin board service, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicated with the public at large or with a group (collectively, 'Communication Services'), you agree to the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.


By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights or privacy and publicity) or others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, in fringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attribution, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.


Gnome Escape has no obligation to monitor the Communication Services. However, Gnome Escape reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gnome Escape reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.


Gnome Escape reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gnome Escape's sole discretion.


Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gnome Escape does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gnome Escape specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gnome Escape spokespersons, and their views to not necessarily reflect those of Gnome Escape.


Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.


Materials provided to the Site or posted on any associated web page


Gnome Escape does not claim ownership of the materials you provide to www.gnomeescape.com (including feedback and suggestions) or post, upload, input or submit to any Gnome Escape Site or our associated services (collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gnome Escape, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.


No compensation will be paid with respect to the use of your Submission, as provided herein. Gnome Escape is under no obligation to post or use any Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.


By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


Third-Party Access


You will be able to connect your Gnome Escape account to third party accounts. By connecting your Gnome Escape account to your third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.


International Users


The Gnome Escape Service is controlled, operated and administered by Gnome Escape from our offices within the USA. If you access the Gnome Escape Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gnome Escape Service or the Site accessed through www.gnomeescape.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification


You agree to indemnify, defend and hold harmless Gnome Escape, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Gnome Escape Services, including any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gnome Escape reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gnome Escape in asserting any available defenses.


Liability Disclaimer


THE INFORMATION, SOFTARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GNOME ESCAPE, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS, UPDATES AND/OR CHANGES TO THE SITE AT ANY TIME.


GNOME ESCAPE, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILBILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. GNOME ESCAPE, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GNOME ESCAPE, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WITHERE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GNOME ESCAPE, LLC. OR ANY OF ITS SUPPLIUERS HAS BEEN ADVISED OF THE POSSIBIITY OF DAMAGES. BECAUSE SOME STATES/JUSRISTICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCENDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


Termination/Access Restrictions


Gnome Escape reserves the right, in its sole discretion, to terminate your access to the Site and the related Gnome Escape Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gnome Escape as a result of this Agreement or use of the Site. Gnome Escape's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Gnome Escape's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gnome Escape with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.


Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Gnome Escape with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gnome Escape with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be communicated and written in English.


Changes to Terms


Gnome Escape reserves the right, in its sole discretion, to change the Terms under which www.gnomeescape.com and the Gnome Escape Service is offered. The most current version of the Terms will supersede all previous versions. Gnome Escape encourages you to revisit the Site and periodically review the Terms to stay informed of our most recent changes and updates.


Contact Us


Gnome Escape welcomes your questions and comments regarding the Terms. Please contact us via the email address provided below and we will get back to you!


Email Address: info@gnomeescape.com


The above Terms of Service are current and valid as of the 25th day of January 2015 (the 'Effective Date')


© 2015 Gnome Escape, LLC.

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