IMPORTANT NOTICES
THE GARRISONPLAY AGREEMENT (AS DEFINED BELOW) INCLUDES A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP, OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. PLEASE SEE CLAUSE 25 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) BELOW FOR FURTHER DETAILS.
THE GARRISONPLAY AGREEMENT INCLUDES A PROVISION WAIVING THE RIGHT TO A JURY TRIAL. FOR FURTHER DETAILS PLEASE SEE CLAUSE 30.7 (ADDITIONAL PROVISIONS) BELOW.
THE GARRISONPLAY SERVICES (AS DEFINED BELOW) ARE NOT “REAL MONEY GAMBLING.” NO REAL MONEY, PAYMENTS, PURCHASES, OR FINANCIAL TRANSACTIONS ARE INVOLVED. THE GARRISONPLAY SERVICES ARE PROVIDED SOLELY FOR FREE, RECREATIONAL, AND ENTERTAINMENT PURPOSES AND ARE VOID WHERE PROHIBITED.
YOU MAY ONLY ACCESS THE SITE AND USE THE GARRISONPLAY SERVICES IF YOU ARE LOCATED IN AND A RESIDENT OF THE UNITED STATES, EXCLUDING RESTRICTED STATES AS DEFINED BELOW. FOR ADDITIONAL INFORMATION REGARDING ELIGIBILITY, PLEASE SEE CLAUSE 7 (ELIGIBLE USER QUALIFICATIONS).
AGREEMENT STRUCTURE
You agree to be bound by:
(i) these General Terms and Conditions;
(ii) the Privacy Policy;
(iii) the Responsible Social Gameplay Policy;
(iv) the Tournament Rules (if applicable); and
(v) any additional site-specific rules or notices.
(collectively, the “GarrisonPlay Agreement”)
The GarrisonPlay Agreement forms a legally binding agreement between you and the Company (as defined below).
OPERATOR INFORMATION
The GarrisonPlay Services are offered and operated by REALPLAY TECH INC, using software developed by its affiliated entities.
The GarrisonPlay Services, the Site, and the Site Content are provided solely for personal, non-commercial, recreational entertainment purposes. You may not use the Services for any commercial, business, or professional purpose.
If you do not agree with any provision of the GarrisonPlay Agreement, you must immediately cease accessing and using the Site and Services.
1. INTERPRETATION
1.1 In the GarrisonPlay Agreement:
1.1.1 No provision shall be construed against the Company solely because the Company or its representatives drafted it.
1.1.2 Headings are for convenience only and do not affect interpretation.
1.1.3 References to the singular include the plural and vice versa where required by context.
1.1.4 Illustrative terms such as “including” or “in particular” do not limit the scope of the words preceding them.
2. DEFINITIONS
In this Agreement, unless the context otherwise requires:
“Company”, “we”, “our” or “us”
means REALPLAY TECH INC, a corporation organized under the laws of the State of Delaware, United States, and its Related Entities.
“Contests”
means free-to-play social games made available on the Site solely for entertainment purposes.
“GarrisonPlay Agreement”
means these General Terms and Conditions and all incorporated policies, as amended from time to time.
“GarrisonPlay Services”
means the Contests and any other services made available through the Site.
“Restricted Territories”
means any jurisdiction where access to the Services is prohibited by applicable law.
“Site”
means the GarrisonPlay website and any successor sites, subdomains, or applications.
“Site Content”
means all materials, features, visuals, interfaces, software, text, graphics, audio, and other content made available on the Site.
“User”, “you”, or “your”
means any individual who accesses or uses the Site or Services, whether or not a User Account is registered.
“User Account”
means the registered account (if applicable) used to access certain features of the Services.
3. CONSENT TO THE TERMS
By accessing or using the Site or Services, creating a User Account, or indicating acceptance where required, you acknowledge that you have read, understood, and agree to be bound by the GarrisonPlay Agreement.
If you do not agree with any provision, you must not access or use the Services.
4. MODIFICATION OF THE AGREEMENT
We may modify this Agreement at any time by posting updated terms on the Site, requesting renewed acceptance, or providing notice through the Site or your registered email address.
Continued use of the Services constitutes acceptance of any modifications.
5. MODIFICATION OF THE SITE AND CONTENT
We may add, modify, suspend, or discontinue any part of the Site or Services at any time without notice. We are not liable for any loss resulting from such changes.
6. VERIFICATION CHECKS
6.1 We may conduct reasonable checks to confirm eligibility, enforce age requirements, and ensure compliance with applicable laws.
6.2 You may be asked to provide information such as your location, date of birth, and a valid email address.
6.3 If requested information is not provided or is inaccurate, we may suspend or terminate your User Account.
6.4 For account-related inquiries, contact [email protected]
7. ELIGIBLE USER QUALIFICATIONS
7.1 In order to register a User Account, access the Site, and use the Site Content, you must:
7.1.1 be a natural person who is at least eighteen (18) years of age or the minimum legal age required by the laws and regulations of the jurisdiction in which you are located at the time you access the Site or use the GarrisonPlay Services, whichever is higher;
7.1.3 be legally capable of entering into binding contracts under applicable law.
7.2 You represent and warrant that you are capable of entering into, and complying with, the GarrisonPlay Agreement and that you will at all times fully adhere to its terms.
7.3 You further represent and warrant that you are:
7.3.1 a natural person meeting the applicable age requirements set out in Clause
7.3.2 not listed on any applicable politically exposed persons (PEP) list or sanctions list;
7.3.3 not listed on any United States government list of prohibited or restricted parties;
7.3.4 not located in a country subject to a United States government embargo or designated as a terrorist-supporting country;
7.3.5 accessing and using the Site and Site Content solely in your personal capacity and strictly for recreational and entertainment purposes;
7.3.6 using the Site and Site Content only on your own behalf and not on behalf of any other person or entity;
7.3.8 legally permitted to access and use the GarrisonPlay Services under applicable law; and
7.3.7 eligible under this Clause 7 to create a User Account and use the Site and Site Content.
7.4 You agree that you shall use the GarrisonPlay Services, the Site, and the Site Content solely for your own personal, non-commercial, recreational, and entertainment purposes and not for any business, professional, or commercial purpose whatsoever.
7.5 You must not access the Site or register a User Account if you are, or within the past three (3) years have been, an employee, officer, or director of the Company or any of its suppliers, service providers, contractors, consultants, or advertising agencies involved in the design, development, operation, or distribution of the Site or Site Content, or any immediate family member or household member of such persons.
7.6 The Company may operate multiple brands or platforms. Each brand is operated independently. Information associated with one brand will not be shared with another brand except as required by applicable law or valid legal process. Your User Account applies solely to the brand with which you have registered.
7.7 Any breach of this Clause 7 may result in suspension or termination of your User Account.
8. NO LEGAL, TAX, OR FINANCIAL ADVICE
8.1 You acknowledge and agree that the Company does not provide legal advice and does not represent or warrant that your use of the Site or Services is lawful in your jurisdiction. You are solely responsible for ensuring compliance with applicable laws.
8.2 The Company does not provide tax advice. You should consult your own professional advisors if required.
8.3 The Company is not a financial institution and does not offer financial services of any kind.
9. RESPONSIBLE SOCIAL GAMEPLAY
9.1 We are committed to promoting a safe and responsible social gameplay environment. You are encouraged to review our Responsible Social Gameplay Policy for information on account controls, breaks, and self-exclusion options.
9.2 You acknowledge that your use of the Site is voluntary and for entertainment purposes only.
9.3 We shall not be liable if enforcement of the Responsible Social Gameplay Policy is prevented by events beyond our reasonable control or if you deliberately attempt to circumvent safeguards.
10. USER ACCOUNT AND REGISTRATION
10.1 To access certain Site Content, you may be required to register a User Account.
10.2 Your User Account is for your personal, non-commercial use only. You may not share your login credentials or allow any third party to access or use your User Account.
10.3 You may register only one (1) User Account. Multiple or duplicate accounts are prohibited and may be suspended or terminated.
10.4 You must not use the same device, identifying details, or access methods to operate more than one User Account.
10.5 You agree to provide accurate and complete registration information and to keep such information up to date. Changes must be reported to [email protected]
.
10.6 You are responsible for maintaining the confidentiality and security of your username and password and for all activity conducted through your User Account.
10.7 You must notify us immediately at [email protected]
if you suspect unauthorized access to your User Account.
10.8 We reserve the right to refuse registration, suspend, restrict, or terminate any User Account at our discretion.
10.9 You acknowledge that you do not own your User Account and that all rights in and to the User Account remain the exclusive property of the Company.
11. ADDITIONAL AFFIRMATIONS
11.1 By using the Site, you affirm that:
11.1.1 you are not located in, or a resident of, any Restricted Territory;
11.1.2 you will comply with all terms of the GarrisonPlay Agreement;
11.1.3 you will use the Site and Site Content solely for lawful, personal, recreational, and entertainment purposes;
11.1.4 you will not permit any other person to access your User Account; and
11.1.5 you will not use the Site or Services for any commercial or improper purpose.
12. INACTIVE USER ACCOUNT POLICY
12.1 A User Account may be deemed inactive if there has been no login activity for sixty (60) consecutive days.
12.2 We may suspend or terminate an inactive User Account without notice and without liability.
12.3 We are not obligated to notify you before designating an account as inactive.
12.4 You may not register a new User Account to circumvent an inactive or suspended account.
13. TERMINATION OF YOUR USER ACCOUNT
13.1 You may terminate your User Account at any time by contacting [email protected]
.
13.2 We may suspend or terminate your User Account immediately if:
13.2.1 you breach any provision of the GarrisonPlay Agreement;
13.2.2 we reasonably suspect misuse, abuse, or unlawful activity; or
13.2.3 we discontinue the Services generally or with respect to you.
13.3 Upon termination, all licenses granted to you under the GarrisonPlay Agreement will immediately cease, and you must stop using the Site and Site Content.
13.4 Termination of your User Account may result in permanent loss of access to your account and any associated features.
13.5 Termination or suspension does not limit any other rights or remedies available to the Company under law.
13.10 SURVIVAL
Any provisions of the GarrisonPlay Agreement which expressly or by their nature are required to survive termination or expiration in order to achieve their purpose shall so survive for as long as necessary to achieve that purpose.
Without limiting the foregoing, the following provisions shall survive termination or expiration of the GarrisonPlay Agreement: Clauses 1 (Interpretation), 2 (Definitions), 5 (Modification of the Site and Site Content), 8 (No Legal or Tax Advice), 9.3 (Responsible Social Gameplay), 12.3 (Inactive User Account Policy), 13 (Termination of Your User Account), 14 (Intellectual Property Rights and Restrictions), 22 (Publicity and Release), 23 (Third-Party Services), 24 (Prohibited Activity), 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), 26 (Indemnification), 27 (Disclaimer of Warranties), 28 (Malfunctions and Errors), 29 (Limitations of Liability), and 30 (Additional Provisions).
14. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
14.1 The Site and Site Content are proprietary and protected by applicable intellectual property laws and international treaties.
14.2 All rights not expressly granted to you under this Agreement are reserved by the Company.
14.3 You acknowledge and agree that all intellectual property rights in and to the Site and Site Content, including software, trademarks, service marks, trade names, designs, databases, copyrights, layout, look and feel, and all derivative works, remain vested exclusively in the Company or its licensors. No rights are granted to you other than as expressly set out herein.
14.4 You shall not, directly or indirectly:
(a) reproduce, modify, remove notices from, or create derivative works of the Site or Site Content;
(b) sell, sublicense, distribute, lease, assign, or transfer the Site or Site Content;
(c) reverse engineer, decompile, disassemble, or attempt to access source code; or
(d) use the Site or Site Content in violation of applicable law.
14.5 Subject to your compliance with this Agreement, the Company grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Site and Site Content solely for your personal, non-commercial, recreational entertainment purposes.
15. CONTEST RULES
Each Contest is governed by its own specific rules. You are responsible for reviewing and understanding the applicable rules before participating.
16. SUPPORT, COMPLAINTS, AND CLAIMS
16.1 We may provide user support features. Abuse of any support or communication tools may result in suspension or termination.
16.2 In the event of any discrepancy between results displayed on your device and our systems, our systems shall prevail.
16.3 Complaints must be submitted to [email protected]
and include sufficient detail to allow review.
16.4 Failure to provide required information may delay or prevent resolution.
16.5 We will use reasonable efforts to respond within thirty (30) days.
16.6 Decisions are final, subject to Clause 25.
17. PROMOTIONS
17.1 We may offer promotional features from time to time, subject to additional terms.
17.2 Abuse or misuse of promotional features may result in restriction or termination.
17.3 In the event of conflict, promotion-specific terms shall prevail.
18. PUBLICITY AND RELEASE
18.1 By participating in Contests, you grant the Company the right to use your username, avatar, likeness, and related materials for promotional and operational purposes, where permitted by law.
18.2 No additional consent or compensation is required.
19. THIRD-PARTY SERVICES
19.1 The Site may include links to third-party services. We are not responsible for external content or services.
19.2 Apple-specific provisions apply where applicable, with the Company solely responsible for the application.
20. PROHIBITED ACTIVITY
You must not engage in unlawful, abusive, deceptive, automated, disruptive, or unauthorized activity, including but not limited to:
account sharing or transfer;
exploiting bugs or system errors;
circumventing geographic or technical restrictions;
scraping, hacking, or reverse engineering;
harassment or misuse of social features.
Violations may result in immediate action, including termination.
21. DISPUTE RESOLUTION AND ARBITRATION
All disputes shall be resolved exclusively through binding individual arbitration administered by JAMS under the Federal Arbitration Act, subject to a 30-day opt-out right.
Class actions, collective actions, and representative proceedings are waived to the fullest extent permitted by law.
22. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its affiliates from claims arising out of your use of the Site, violation of this Agreement, or infringement of third-party rights.
23. DISCLAIMER OF WARRANTIES
The Site and Site Content are provided “as is” and “as available.” We disclaim all warranties to the fullest extent permitted by law.
24. MALFUNCTIONS AND ERRORS
We reserve the right to void or correct results affected by technical errors, system malfunctions, or misuse.
25. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or punitive damages. Your sole remedy is to discontinue use of the Services.
26. ADDITIONAL PROVISIONS
26.1 Assignment: You may not assign this Agreement. We may assign freely.
26.2 Business Transfers: Accounts may transfer as part of corporate transactions.
26.3 Entire Agreement: This Agreement constitutes the entire agreement.
26.4 Force Majeure: We are not liable for events beyond our control.
26.5 Governing Law: Delaware law applies.
26.6 Jurisdiction: Wilmington, Delaware, subject to arbitration.
26.7 No Agency: No partnership or fiduciary relationship exists.
26.8 Notice: Notices may be provided electronically.
26.9 Waiver: Failure to enforce is not a waiver.
26.10 Severability: Invalid provisions shall not affect enforceability of the remainder.