Terms of Service

Welcome to Gamer Escape (together with its parent Telatexo, LLC, hereinafter “we”, “us”, “our”, “Gamer Escape” or “Site”). These terms of service (“Site Terms”) apply to your access to and use of our Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with us. We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time without notice and in our sole discretion. It would be prudent to review this regularly, as your continued usage of the Site after changes mean you agree to be legally bound by these terms as they are updated and/or amended. If the Site Terms are changed, we will post the new terms on the Site and change the posting date accordingly. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting of such changes or modifications will constitute your acceptance of the Site Terms as revised.

By accessing the Site you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use the Site.  Notwithstanding any of the following terms and conditions, Gamer Escape reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

If you have any question regarding the use of the Site, please e-mail us at [email protected]

I. Licenses:

Wikis

Creative Commons License Content created on Gamer Escape’s MediaWiki platform (e.g. wiki edits) is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.  Attribution must be to Gamerescape.com with a link to the original source.

Content in Gamer Escape’s FFXI wiki dated prior to March 16, 2011, originated from the article of the same name on FFXIclopedia at Fandom.com.  That content was licensed, as it is here, under the Creative Commons Attribution-Share Alike License.  All edit histories have been retained, providing a full and complete attribution to the original authors in accordance with the applicable license.

Articles

Creative Commons License Content created on Gamer Escape’s WordPress platform (e.g. articles, reviews, news coverage) is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.  Attribution must be to Gamerescape.com with a link to the original source.

Comments

Our commenting system is powered by Disqus (hereinafter “Disqus”).  All comments are hosted by Disqus and released under and governed by various policies and terms of service issued by Disqus.

II. User Content:

(a). This Site includes various interactive areas, including but no limited to wikis and comments, which allow users to add content to the Site. By using these areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“User Content”) that is unlawful, libelous, slanderous, defamatory, obscene, pornographic, sexually-orientated, vulgar, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or that violate any laws of your country, the United States or International Law;
  • Upload or transmit any User Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • Upload or transmit any User Content that impersonates any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Upload or transmit any User Content that is unrelated to the page on which the content is posted (“spam”), and you agree that the Site has the right to remove, edit or move any such content at any time; and
  • Without the Site’s written permission, upload or transmit any User Content concerning unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

(b). The Site takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the interactive services portion of this Site, Gamer Escape is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum. Children under the age of 13 may view, but may not use, any interactive area on this Site or submit any personal information to Gamer Escape.

III. Enforcement & Monitoring:

(a). The Site has the right, but not the obligation, to monitor all activity on the Site, including but not limited to User Content. The Site may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Content. The Site reserves the right and has absolute discretion, to remove, screen or edit any User Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Site’s systems and customers, or to ensure the integrity and operation of the Site’s business and systems, the Site may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and User Content. The Site’s right to disclose any such information shall govern over any terms of Gamer Escape’s Privacy Policy.

(b). You shall remain solely liable for the User Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless the Site, and any of the Site’s owners and operators,  from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third-party arising out of or relating to your conduct on the Site, your User Content, or your violation of these Site Terms.

IV. Third-Party Copyright and Trademarks:

(a). Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited on the Site are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these Gamer Escape articles under the applicable licensing scheme. Unless otherwise stated Gamer Escape is neither endorsed nor affiliated with any of the holders of any such rights and as such Gamer Escape can not grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk. 

(b). In addition to the foregoing, the follow also apply in connection with the Site’s wikis and are included where such games have posted specific materials usage policies:

FINAL FANTASY XIV

FINAL FANTASY is a registered trademark of Square Enix Holdings Co., Ltd. © SQUARE ENIX CO., LTD. All Rights Reserved.

FINAL FANTASY XI

FINAL FANTASY XI © 2002 – 2020 SQUARE ENIX CO., LTD. FINAL FANTASY is a registered trademark of Square Enix Holdings Co., Ltd. All material used under license.

MARVELS’ AVENGERS / FINAL FANTASY VII REMAKE

© Square Enix

V. Linking:

(a). Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided that such link does not portray Gamer Escape or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.

(b). Third-Party Links. Gamer Escape makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. Linked sites are not under the control of Gamer Escape and Gamer Escape is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Gamer Escape is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Gamer Escape of the site or any information contained therein. When leaving the Site, you should be aware that Gamer Escape’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

VI. Premium Services:

Certain services provided by Gamer Escape, including but not limited to Gamer Escape Plus+ subscriptions, require registration and payment (such registered user is referred to as a “Member” and the paid services are referred to as the “Premium Services”). For questions about your subscription, email [email protected] and include your name and username in all correspondence.

(a). Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Services account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant Gamer Escape’s third party payment processor permission to charge your credit card (or other approved payment mechanism) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each monthly or annual renewal thereafter, dependent on the original subscription term selected at registration, unless you cancel at least prior to the renewal date pursuant to the process set forth below. The Site is subject to maintenance, modifications, improvements, and unexpected outages, during which the Premium Services may not be available. Any temporary outage of Premium Services such outage shall not constitute a breach of these terms and no reimbursement is due to the Member.

(b). Renewal and Cancellation of Your Subscription. You grant Gamer Escape’s third party payment processor permission to automatically renew your subscription and charge your account up to one (1) day prior to the day on which your subscription is scheduled to end. You may cancel your subscription at any time by visiting your user panel and clicking on the cancel button. You acknowledge that cancelling your subscription for any reason will immediately terminate access to the Premium Services and Gamer Escape will not refund the remaining portion of your subscription. Any any remaining time you have on your subscription will be forfeited. All fees, charges and sales are final. Once charged to your credit card (or other approved payment mechanism), the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at Gamer Escape’s sole discretion.

You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.

Payment must be made by PayPal or credit cards used through Paypal. If Gamer Escape does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Services, and you must refer to that agreement and not these Site Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT GAMER ESCAPE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.

GAMER ESCAPE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY GAMER ESCAPE, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT THE APPLICABLE GAMER ESCAPE WEB SITE. GAMER ESCAPE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION SERVICE. YOUR CONTINUED USE OF THE PREMIUM SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. GAMER ESCAPE IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION. YOU AGREE AND ACKNOWLEDGE THAT GAMER ESCAPE SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS OR REFUNDS NOT SUBMITTED TO US BY EMAIL ([email protected]) WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.

(c). Termination of Your Subscription. You acknowledge that Gamer Escape, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Premium Service for a variety of reasons, including, without limitation, if Gamer Escape believes that you have violated or acted inconsistently with the letter or spirit of these Site Terms or any other agreement referred to herein. Gamer Escape may also, in its sole discretion, at any time discontinue providing the Premium Service, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Service under any provision of these Site Terms may be effected without prior notice, and acknowledge and agree that Gamer Escape may immediately deactivate or delete your account and/or bar any further access to the Premium Services. If your account is terminated by Gamer Escape, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Gamer Escape shall not be liable to you or any third-party for termination of your access to the Premium Services.

(d). Discounted Trial Memberships. Gamer Escape may occasionally offer promotional trial memberships to its Premium Services at special discounted prices or with a free trial period. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Premium Services at the end of the trial period, unless you cancel before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Premium Services at the standard Premium Services rate and renewal term thereafter, dependent on the original subscription term selected at registration, until you cancel.

(e) Temporary Memberships. Gamer Escape may occasionally offer free temporary memberships to its Premium Services. Such temporary memberships will terminate at the end of the temporary period, will not be automatically renewed, and no fees will be incurred.

(f) Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Services registration process. You must promptly inform PayPal of any of the following: changes in the expiration date of any credit card used in connection with the Premium Services; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify Gamer Escape immediately upon learning of any potential breach of your Premium Services account.

(g) Use Restriction. The material on the Premium Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. You agree that you will not share the Premium Services with non-Subscribers, whether by sharing access credentials or otherwise, without the express written permission from Gamer Escape. You agree that if you violate this section, Gamer Escape reserves the right to cancel your subscription to the Premium Services immediately without refund.

VII. Membership and Rewards:

Certain services provided by Gamer Escape, including but not limited to the accrual of Reward Points (and Plus+ Points if a subscriber to the Premium Services), require membership registration. The awarding of membership benefits is void where prohibited by law.

(a) Earning Opportunities. A Member, as previously defined, will earn the following points (“Reward Points”):

  • 1000 points for registering as a Member on the Site.
  • 500 points per account for linking their Gamer Escape Member account to offered social media accounts. 500 point bonus can be claimed only once per social media account.
  • 10 points per day for logging into their Gamer Escape Member account.
  • 10 points per edit on any Gamer Escape wiki. Gamer Escape reserves the right to void any edit that, in its sole discretion, is not an edit made as a benefit to the wiki (i.e. to add or clarify game information). Gamer Escape reserves the right to cancel your Membership immediately if it determines, in its sole discretion, that a Member has made spam or otherwise improper edits.

(b) Members subscribed to the Premium Services will earn an additional category of points (“Plus+ Points”) in the same manner and in the same amount as detailed above. A Member must be subscribed to the Premium Services at the time the action is taken in order to earn Plus+ Points for that action.

(c) Claiming Rewards from Reward Points. If a Member obtains enough Reward Points to earn a virtual reward (“Virtual Reward”), including but not limited to a temporary subscription to the Premium Services, the Virtual Reward will automatically be claimable in the Member’s user panel. Virtual Rewards have no cash value and may not be redeemed for cash or its equivalent. Each Virtual Reward can only be claimed once. Gamer Escape reserves the right to cancel your Membership immediately if it determines, in its sole discretion, that a Member has claimed, or attempted to claim, a Virtual Reward more than once, and reserves the right to void all claimed Virtual Rewards. Virtual Rewards are void where prohibited by law and do not include any federal, state or local taxes, which are the Member’s sole responsibility.

(d) Claiming Rewards from Plus+ Points. If a Member obtains enough Plus+ Points to earn a physical reward (“Plus+ Reward”), the Plus+ Reward will automatically be claimable in the Member’s user panel. Plus+ Rewards have no cash value and may not be redeemed for cash or its equivalent. Each Plus+ Reward can only be claimed once. Gamer Escape reserves the right to cancel your Membership immediately if it determines, in its sole discretion, that a Member has claimed, or attempted to claim, a Plus+ Reward more than once, and reserves the right to void all claimed Plus+ Rewards. Plus+ Rewards may be issued by the Company or a third-party provider. Plus+ Rewards are void where prohibited by law and do not include any federal, state or local taxes, which are the Member’s sole responsibility. Gamer Escape is not responsible for replacing lost, stolen or mutilated Plus+ Rewards. Plus+ Rewards require an additional charge for shipping and handling, which is to be paid by the Member prior to shipment. Plus+ Rewards will usually arrive within six to eight (6-8) weeks.

VIII. Disclaimer & Limitation of Liability:

The Gamer Escape wikis and forums are online, open-content, encyclopedia-like game guides and discussion areas.  This structure allows anyone with an Internet connection and World Wide Web browser to alter much of the content found here.  Therefore, please be advised that nothing found here has necessarily been reviewed by any game developer, producer or distributor with the expertise necessary to provide you with complete, accurate or reliable information.

That’s not to say that you won’t find valuable and accurate information at Gamer Escape, however please be advised that Gamer Escape cannot guarantee, in any way whatsoever, the validity of the information found here. It may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the particular area you are interested in learning about.  None of the owners, authors, contributors, sponsors, administrators, sysops, or anyone else connected with Gamer Escape in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.

“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. GAMER ESCAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. GAMER ESCAPE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GAMER ESCAPE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE GAMER ESCAPE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, GAMER ESCAPE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. IN NO EVENT SHALL GAMER ESCAPE AND/OR TELATEXO LLC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IX. Applicable Law & Venue:

These terms and conditions shall be governed by and construed in accordance with the laws of the New York, applicable to agreements made and entirely to be performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in New York County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Last modified: June 19, 2024