Terms and Conditions
Not everything can be perfect, and we need to talk somebody some legal things.
Thank you for being willing to participate in and utilize Friends Vanilla through the various connected platforms and being a part of our community, those being the Minecraft server and the website hosting thereof (collectively, "Friends Vanilla").
Friends Vanilla is a Minecaft-based fan-made server that was created to allow players around the world connect to share experiences, make memories, create friendships, and so much more. We provide information about Friends Vanilla primarily through a Discord guild, however more information can be found on this website.
Your Service Provider
The entity providing Friends Vanilla is Visual Fire Development LLC, a company operating under the laws of Utah, located at 733 N KING ST STE 400-284, LAYTON, UT 84041 (referred to as "VFD", "we", "us", or "our").
Your use of Friends Vanilla is subject to these terms, the terms of any additional or connected services which may be updated from time to time (together, this "Agreement"). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use Friends Vanilla.
Your Use of Friends Vanilla
Changes to the Service
Friends Vanilla is constantly changing and improving. However, Friends Vanilla relies on vital lifesigns of which unexpected events may occur. Friends Vanilla may be shut down or discontinued at any point in time at our discretion with or without notice. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to Friends Vanilla that will have an adverse impact of the use of Friends Vanilla. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of Friends Vanilla, prevent abuse, or comply with legal requirements.
Other Legal Terms
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, FRIENDS VANILLA, DIRECTORS, AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON FRIENDS VANILLA;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE; AND/OR
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Friends Vanilla, and its directors and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use and access to Friends Vanilla; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your actions caused damage to a third party. This defense and indemnifcation obligation will survive this Agreement and your use of Friends Vanilla.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to Friends Vanilla or for legal, regulatory, or security reasons. Friends Vanilla will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of Friends Vanilla or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should discontinue your use of Friends Vanilla.
Continuation of this Agreement
If your use of Friends Vanilla ends, the following terms of this Agreement will continue to apply to you: "Other Legal Terms" and "About This Agreement".
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, "include" or "including" means "including by not limited to," and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or Friends Vanilla will be governed by Utah law. You and Friends Vanilla consent to personal jurisdiction in those courts.
Limited on Legal Action
YOU AND FRIENDS VANILLA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FRIENDS VANILLA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMENANTLY BARRED.
Effective as of January 27th, 2020.