GnomeCap Games Privacy Policy and Terms of Service

Privacy Policy

Last Updated: October 14th, 2024

Thank you for choosing GnomeCap Games LLC (“we,” “us,” or “our”). We are dedicated to protecting your privacy as you interact with our games and websites (collectively referred to as our “Products”). This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you use our Products. By accessing or using any of our Products, you agree to the terms of this Privacy Policy.

1. Acceptance of Policy

Please read this Privacy Policy carefully. If you do not agree with the terms outlined herein, please do not use our Products. Your continued use of our Products signifies your acceptance of this policy. It is required to agree to this policy prior to use of our Products.

2. Changes to This Privacy Policy

We may update our Privacy Policy periodically. Any changes will be posted on this page with an updated revision date. We encourage you to review this policy regularly to stay informed about how we are protecting your information. Your continued use of the Products after any modifications indicates your acceptance of the updated Privacy Policy.

3. Information We Collect

Though we try our best to minimize the amount of data we collect, we may collect various types of information, including:

  • Personal Information You Provide: Such as your name, email address, and any other information you submit when contacting us or using certain features of our Products.
  • Product Performance Data: Information related to product’s performance, including crash reports and error logs.
  • Cookies and Similar Technologies: We may use cookies to collect information about your interactions with our website to enhance your user experience.

4. How We Utilize Your Information

The information we collect is used for various purposes, such as:

  • To operate and maintain our Products.
  • To improve and personalize your experience.
  • To respond to your comments, questions, and provide customer service.
  • To monitor and analyze usage and trends to enhance the Products.
  • To notify you about updates, promotions, or news about our Products.

5. Disclosure of Your Information

We do not sell or share your personal information with third parties, except in anonymized and aggregated forms for analytical purposes. However, we may disclose your information:

  • To comply with legal obligations or respond to lawful requests by public authorities.
  • To protect and defend our rights and property.
  • To prevent or investigate possible wrongdoing in connection with the Products.
  • To protect the personal safety of users or the public.

6. Third-Party Products

Our Products may be available through third-party platforms like the Meta Quest Store, Steam, Itch.io or others. We do not control how these platforms handle your personal information. We recommend reviewing their respective privacy policies to understand their practices.

7. Analytics and Website Usage

We utilize minimal analytics tools to understand how users interact with our website, which helps us improve functionality and user experience. This may involve collaboration with third-party service providers, like Cloudflare Web Analytics, who have their own privacy policies governing their use of such information.

8. External Links

Our Products may contain links to external websites not operated by us. We have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.

9. Children’s Privacy

We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us, and we will take steps to remove such information and terminate the child’s account.

10. Your Rights and Choices

Depending on your jurisdiction, you may have certain rights regarding your personal information, such as:

  • Access: Request access to the personal information we hold about you.
  • Correction: Request correction of inaccurate or incomplete personal information.
  • Deletion: Request deletion of your personal information.
  • Opt-Out: Opt-out of certain data processing activities, including targeted advertising.

To exercise any of these rights, please contact us at [email protected].

11. Security of Your Information

We implement reasonable security measures to protect your personal information. However, no electronic transmission or storage method is 100% secure, and we cannot guarantee absolute security.

12. Contact Us

If you have any questions or concerns about this Privacy Policy, please reach out to us at [email protected].

Terms of Service

Last Updated: October 14th, 2024

These Terms of Service (“Terms”) govern your access to and use of the Products provided by GnomeCap Games LLC (“we,” “us,” or “our”), including our website at https://gnomecap.games, our games, and any related content or Products (collectively, the “Products”). By accessing or using our Products, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By accessing, downloading, or using any part of the Products, you accept and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Products.

2. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. It is your responsibility to review these Terms periodically. Your continued use of the Products after any changes signifies your acceptance of the new Terms.

3. Use of Products

We grant you a non-exclusive, non-transferable, limited license to access and use the Products for personal, non-commercial purposes, provided you comply with these Terms.

4. User Responsibilities

You agree to:

  • Use the Products only for lawful purposes and in accordance with these Terms.
  • Not engage in any activity that could harm or impair the functionality of the Products.
  • Not attempt to gain unauthorized access to any part of the Products or its related systems or networks.

5. Account Security

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We reserve the right to disable any account at our discretion if we believe there is a violation of these Terms.

6. Intellectual Property Rights

All content, features, and functionality on the Products—including text, graphics, logos, images, and software—are the exclusive property of GnomeCap Games LLC or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without prior written consent from us.

7. Third-Party Links and Products

Our Products may contain links to third-party websites or Products that are not owned or controlled by GnomeCap Games LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or Products.

8. Disclaimer of Warranties

The Products are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. We do not guarantee that the Products will be uninterrupted, error-free, or free from viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by law, GnomeCap Games LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from (a) your access to or use of or inability to access or use the Products; (b) any conduct or content of any third party on the Products; © any content obtained from the Products; and (d) unauthorized access, use, or alteration of your transmissions or content.

You acknowledge that your use of the Products is at your sole risk and that you are responsible for any damage to your device or loss of data that results from the use of the Products.

To the maximum extent allowed by law, under no circumstances will GnomeCap Games LLC, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any type of damages, regardless of the legal theory. This includes any damages arising out of or in connection with your use of, or inability to use, the Services or any content provided on the Services.

Such damages encompass direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business or expected savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

By agreeing, you acknowledge that GnomeCap Games LLC is not directly or indirectly responsible for any bodily injury, psychological harm, or property damage you may experience while using our Products.

Nothing in the above affects any liability that cannot be excluded or limited under applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless GnomeCap Games LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Products or your violation of these Terms.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Florida, and you consent to the jurisdiction of such courts.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13. Limitation on Time to File Claims

Any claim or cause of action arising out of or related to use of the Products or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

14. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and GnomeCap Games LLC regarding the Products and supersede any prior agreements.

16. Contact Us

If you have any questions about these Terms, please contact us at [email protected].