Last updated: December 27, 2024
The following terms and conditions ("Terms") govern use of all content, services, and products (the "Service") provided by GNOMEDEVS, Inc. ("GNOMEDEVS") and available on the GNOMEDEVS sites including but not limited to websites and applications (the "Site"). The Service is owned and operated by GNOMEDEVS. The Site is intended to be used by users ("User" or "Users") in connection with the Services. You acknowledge and agree that Overwolf, Ltd. (collectively with its affiliates and subsidiaries shall be referred to as "Overwolf") and its subsidiaries are third-party beneficiaries of these Terms. Upon the acceptance of these Terms, Overwolf shall have the right to enforce the Terms against you as a third-party beneficiary.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site (collectively, the "Agreement").
If you are entering into this Agreement on behalf of a GNOMEDEVS or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to this Agreement, in which case the terms "you" or "your" shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OUR SITE OR USING THE SERVICE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by GNOMEDEVS, acceptance is expressly limited to these terms.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
To access and use our Site, you must possess a valid and fully paid Minecraft Java Edition account. This account must be maintained in good standing. Failure to comply with this requirement may result in restricted access or termination of our Services. You are responsible for maintaining the security of your account and password. GNOMEDEVS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify GNOMEDEVS of any unauthorized uses of your account, or any other breaches of security. GNOMEDEVS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any account you create through our Services, and your account is not your property.
By using the Site, you warrant and represent that you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this Agreement. If you are under 18 years of age, you must not use any part of the Site, create an account, or submit any personal information to GNOMEDEVS through the Site.
GNOMEDEVS may remove Content that violates the Agreement at its sole discretion. Removing Content, or terminating an account are not actions GNOMEDEVS take lightly, and we may take a while to investigate and determine if such actions are warranted. It is at GNOMEDEVS's sole discretion whether to discuss the reasons for taking action against any Content or account.
By using this Site and our services you give GNOMEDEVS your express permission to contact you via email, messaging, or other electronic or non-electronic forms of communication for all purposes including distribution of marketing and promotional materials.
We provide interactive services on our Site, including, without limitation chat rooms, voting systems, and bulletin boards. We will take reasonable endeavours to assess any possible risks for Users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the Service is moderated or not. Should a difficulty arise, the user should contact us by emailing hello@gnomelauncher.com immediately.
If you make (or allow any third party to make) material available through the Site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, GNOMEDEVS has the right (though not the obligation) to, in GNOMEDEVS's sole discretion:
As a User, you may deactivate your account at any time. Personally identifying information such as your name, username, and profile photo will no longer be associated with Content you have posted.
You agree to pay GNOMEDEVS the fees indicated for the Service. If you choose to subscribe to any of our paid Services these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.
In order to use certain Site Services, you must provide account information for at least one valid payment method ("Payment Method").
You hereby authorize GNOMEDEVS, to run credit card authorizations on all credit cards provided by you, to store credit card and banking or other financial details as your method of payment consistent with our Customer Privacy Statement, and to charge your credit card (or any other payment method) for the Fees and any other amounts owed under the Agreement. To the extent permitted by applicable law and subject to our Customer Privacy Statement, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information. All payments made by you to subscribe to our Services, including any related fees, will be processed by Tebex. Such payments are subject to the terms of service established by Tebex. You agree to comply with Tebex's terms and conditions regarding payment processing.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, you represents, warrants, and covenants that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the Payment Method(s); (c) if you are an employee or agent of a GNOMEDEVS or person that owns the Payment Method, you are authorized by the GNOMEDEVS or person to use the Payment Method to make payments; and (d) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
All of the fees are not refundable. Requests for refunds will be reviewed and determined on a case by case basis. GNOMEDEVS reserves the right, in its reasonable discretion, to refuse to refund fees.
You agree to pay GNOMEDEVS for the fees indicated for the subscription Service. When payments begin, they will be charged on a pre-paid basis and will cover the use of the Subscription Service for the period as indicated. Subscription fees are non-refundable.
Unless you notify GNOMEDEVS seven (7) days before the end of the applicable period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Customer may cancel their subscription at any time by contacting GNOMEDEVS at hello@gnomelauncher.com. Once you have cancelled your Service and received confirmation, no other changes can be made to your account. The cancellation of Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Service through the end of that month.
There are no refunds for termination or cancellation of your Service. If you no longer wish to subscribe to a Service, it is your responsibility to cancel your Service in due time, regardless of whether or not you actively use the Service.
To the maximum extent permitted by applicable laws, we may change our prices for Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Service prior to the change going into effect.
If you have received a discount, coupon or gift code to a Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to Site and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Services at the next billing cycle. Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Service before the end of a free or discounted period if you do not want to continue with a Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Service, coupon validity dates, and/or purchase quantities. GNOMEDEVS reserves the right to cancel discounts and coupon promotions at any time.
We sometimes offer free trials of our Services or other promotional offers (each a "Free Trial"). A Free Trial provides you access to the Services for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for that Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Services user after the Free Trial period.
If you decide you do not want to become a paying Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
GNOMEDEVS respects copyright law and expects its users to do the same. It is GNOMEDEVS's policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. GNOMEDEVS is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining GNOMEDEVS's prior consent.
The GnomeLauncher ("Software") (including any releases, revisions, updates or enhancements to the Software) and any documentation that accompanies or is made available in connection with Software (including any subscription or purchase information, product packaging) (the "Documentation"), is owned by GNOMEDEVS or its licensors. This includes all Intellectual Property Rights in and to the Software and Documentation. Any Software that GNOMEDEVS provides to you is licensed, not sold to you, and GNOMEDEVS reserves all rights to the Software not expressly granted in these Software License Terms.
So long as you comply with the terms and conditions of the Agreement, GNOMEDEVS grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Software on a mobile device, computer or tablet that you own or control and to run such copy of the Software solely for purposes of accessing and using the Services where the corresponding Services are available for your non-commercial use during the applicable subscription period
You may not: (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to third parties, except and only to the extent that applicable law expressly permits.
These Terms allow you to install only one copy of the Software for use on a single computer, mobile device or tablet, unless your subscription to the Services expressly permits you to use Software on more than one device. You may make one copy of the Software for back-up or archival purposes or copy the Software onto the hard disk of your device and retain the original for back-up or archival purposes only.
Upon expiration or any termination of these Terms, you must stop using and destroy all copies of the Software and the Documentation in your possession.
There may be technological measures in the Software that are designed to prevent unlicensed or illegal use of the Software. You agree that GNOMEDEVS may use these measures to protect GNOMEDEVS against Software piracy (e.g. the software may contain enforcement technology that limits the ability to install and uninstall the Software on a device to not more than a finite number of times for a finite number of devices). You may need to activate these technological measures. If so, the Software will only operate for a finite period prior to Software activation by you. During activation, you may be required to provide a unique activation code activating the Software and device configuration in the form of an alphanumeric code over the internet to verify the authenticity of the Software. If you do not complete the activation within the finite period or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. If you are not able to activate the Software during the activation process, you may contact GNOMEDEVS using the information provided during activation or by the provider of the Software.
We reserve the right to modify the Agreement at any time and modified terms are effective upon posting to the Site. We will make reasonable efforts to inform you of these changes via email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. GNOMEDEVS may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Users may request data related to their personal account and group(s) respectively. GNOMEDEVS has the right to refuse repetitive or technically difficult requests. For information about how we collect and share user information please refer to our Customer Privacy Statement.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". GNOMEDEVS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GNOMEDEVS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
GNOMEDEVS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
IN NO EVENT WILL GNOMEDEVS ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY PARTY FOR:
NOTWITHSTANDING THE TERMS, IN NO EVENT SHALL GNOMEDEVS BE HELD LIABLE, FOR ANY AMOUNTS IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). GNOMEDEVS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, release, defend and hold harmless GNOMEDEVS and its directors, officers, agents and employees (collectively, the "GNOMEDEVS parties") from any claims, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees (collectively, the "claims"), known and unknown, arising out of or in any way connected with such disputes, including, without limitation, disputes arising over breach of this agreement, breach of any separate agreement or transaction, and/or the substitution of units. Further, you hereby agree to indemnify, release, defend and hold harmless the GNOMEDEVS parties from any claims brought as a result of your (1) breach of the terms, (2) violation of any law or the rights of a third party, and (3) use of this Site and the Services
This Agreement constitutes the entire agreement between GNOMEDEVS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of GNOMEDEVS, or by the posting by GNOMEDEVS of a revised version. Any and all disputes arising of this Agreement, termination, or our relationship with you shall be determined by applying laws of the State of Delaware.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement without written consent from GNOMEDEVS; GNOMEDEVS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By using this Site, you agree that any and all disputes, claims or controversies that you may have against GNOMEDEVS arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by GNOMEDEVS or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in Wilmington, Delaware or at such other location as may be mutually agreed upon by GNOMEDEVS and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GNOMEDEVS will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND GNOMEDEVS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against GNOMEDEVS must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, GNOMEDEVS will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from GNOMEDEVS, GNOMEDEVS may recover its reasonable attorneys' fees and costs incurred to enforce this arbitration provision.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). GNOMEDEVS's address for Notice is: hello@gnomelauncher.com
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or GNOMEDEVS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GNOMEDEVS shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement constitutes the entire agreement between GNOMEDEVS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of GNOMEDEVS, or by the posting by GNOMEDEVS of a revised version.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Delaware, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may not assign your rights under this Agreement without written consent from GNOMEDEVS; GNOMEDEVS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
GNOMEDEVS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of GNOMEDEVS.
No joint venture, partnership, employment, or agency relationship exist between you, GNOMEDEVS or any third party provider as a result of this Agreement or use of the Service.
GNOMEDEVS shall not be liable for any delay or failure to perform in connection with any Services, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, or any other cause which is beyond the control of GNOMEDEVS. GNOMEDEVS is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
If you have any questions about these Terms of Service, please contact GNOMEDEVS at hello@gnomelauncher.com
