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TERMS OF USE
Last Updated: AUGUST 28, 2023
Privacy Policy
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY OF THE GAMES.
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND LIVING ON RO LTD and/or any of its subsidiaries and affiliates (collectively "COMPANY" "WE", "OUR", "US").
These Terms of Use set out how you are permitted to use our Services, including accessing the CabbageBall game developed, operated or published by the Company (“Game”), content, materials, or to any other of our webpages, sites or applications that are connected and operated by the Company, or any other social network and online functionalities that are connected to the Company’s Services, as well as the proper use of materials, content and software developed and created by the Company.
For convenience, each of the Company’s online services shall be referred to as the “Service” or “Services”.
By accessing, downloading or using any of our Services in any way, including accessing the Services through any third-party Platforms (including web platforms, social networking sites or otherwise); or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND, IN JURISDICTIONS WHERE CONSENT IS REQUIRED FOR THE COMPANY TO PROCESS YOUR PERSONAL INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN THE COMPANY'S PRIVACY AND COOKIE POLICY. (All of the above, collectively "YOUR ACCEPTANCE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, YOU MAY NOT USE OR CONTINUE TO USE OF THE SERVICE.
THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE.
1. GENERAL USE AND CHANGES
The Service is licensed, not sold, to you. The Company grants you a limited, revocable, non-transferable right to access and use the Services.
The Company reserves the right to refuse any user access to the Service without notice if the user violates these Terms and, where permitted by law, for any other reason. To the fullest extent permitted by law, you agree that the Company may suspend or discontinue the Service (or any feature or application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability.
The Services are only available to Users in certain jurisdictions who should only use the Services as permitted under applicable law. The Services may not be authorized for use in certain other jurisdictions that are subject to embargoes or any economic sanctions, as applicable.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT HAVE THE LEGAL CAPACITY UNDER APPLICABLE LAW TO AGREE TO THE TERMS. WE MAY REQUIRE PROOF OF AGE (FOR EXAMPLE, WE MAY REQUEST YOUR MONTH AND/OR YEAR OF BIRTH) OR WE MAY REQUIRE PARENTAL OR LEGAL GUARDIAN CONSENT AT ANY TIME. WE ALSO RESERVE THE RIGHT TO BLOCK USERS IS WE SUSPECT THEY ARE UNDER THE APPLICABLE AGE.
The Company can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at the Company's sole discretion. These Terms will come into effect thirty (30) days after posting. By using the Service after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Service, which will be made available to you when you use these features. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In order to ensure the proper operation of its Services, the Company may publish from time to time in-games rules that shall apply to the Game (the "In-game Rules"). Such In-game Rules will be published within the "How to Play" Section of the Game. Such In-game Rules are considered an integral part of these Terms. By using the Service after the Company has added and applied In-Game Rules to the Game, you are agreeing to the added In-Game Rules; if you do not agree with any of the updated Terms and In-game Rules, you must stop using the Service.
You understand that the Service is evolving and agree at first to participate in the voluntary testing of the Service, free of charge or compensation, and without any guarantees that the Service will be provided at all in the future. To the fullest extent permitted by law, the Company may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that all Game and User data may be altered or deleted without prior notice. You acknowledge that any progression achieved in the current version of the Game might not be considered for future releases of the Service and that when an upgrade is available, previous versions of the Game may cease to be available or no longer be supported by the Company.
2. USE OF THE SERVICE
(a) Technical requirements. Our Services may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Service. While using and accessing the Service, you acknowledge that you read and understand the minimum technical requirements applicable in order to receive the Service.
(b) Visitors and Guests. If you are a visitor, you will be able to view and use certain features of the Service that are available without registration. You do not need to register with the Company to simply visit and view websites, the public information on the Service, or to download certain applications.
(c) Account Registration. In order to access certain features of the Services and Game you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (e) “Registration” below. In order to protect our Services, Users and Company itself, we reserve the right, if necessary, to reject to register any Account or to terminate it in accordance with these Terms.
(d) Access through Third-Party Platforms. If you access the Service through a social networking service or other third-party service (each a "Third-Party Platform") as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THE COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.
(e) Registration Data. In registering for the Service/s, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). To the fullest extent permitted by law, the Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
3. RULES OF CONDUCT
By using Company's Service you agree NOT to (or solicit another user to):
act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service is made through such a platform;
create an Account using a false identity or information, or on behalf of someone other than yourself;
create an Account or use the Service if you are a convicted sex offender;
have an Account or use the Service if you have previously been removed by the Company, or previously been banned from playing the Game;
use your Account, the Site, or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone;
use your Account or Service to engage in any illegal conduct;
access another user's account without permission;
use the Site or Service in any manner that violates any applicable laws or regulations or that is prohibited by these Terms;
sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Game;
collect or harvest any information about other users;
post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative, threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct;
discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
use features of the Site or Service for anything other than their intended purpose;
interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms;
decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third-Party Platforms;
engage in any other prohibited conduct, including cheating practices that attempt to manipulate the fair play rules of the Game;
You further represent and warrant that (a) you are not located in a country that is subject to any governmental embargos (including and without limitation, under embargos issued by the US, EU, UK and Australia), or that has been designated by any governmental authority as a "terrorist-supporting" country; and (b) you are not listed on any list of prohibited or restricted parties.
Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. To the fullest extent permitted by law, the Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, the Company will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.
4. VIRTUAL CURRENCY AND GOODS
The Services may include the option to purchase, with "real world" money, a license to use (i) virtual, in-game currency ("Virtual Currency") as well as (ii) virtual, in-game goods ("Virtual Goods") by using legal tender.
This can only be done if you are considered a legal adult in your country of residence. Virtual Currency and/or Virtual Goods may be purchased only via the Services and only in the manner stipulated in the Game through the Third-Party Account policies or the Site. Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by the Company, at its sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency and Virtual Goods are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the Service, bought not in the manner stipulated in the Game, or applied to any other Account, except to the extent described herein, or as required by applicable law.
Virtual Currency does not expire. Notwithstanding the foregoing, the Company has absolute control over all Virtual Currency and Virtual Goods and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability. The Company's obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY THE COMPANY. The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE GAME OFFERED BY THE COMPANY. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Game, you have no right in or title to such Virtual Currency and Virtual Goods.
In the event that your Account is terminated or suspended for any reason, to the fullest extent permitted by law and at the Company's sole and absolute discretion, or if the Company discontinues its Game, you forfeit any and all Virtual Currency and Goods. The Company has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
5. PAYMENT OF FEES
Purchase of items on Third Party Platforms. All Payments for Service/s conducted through Third Party Platforms (including third party platforms such as Epic and Steam) will be conducted and processed through and by the respective Third-Party Platform. The terms of use and payment of the Third-Party Platform shall apply in this regard, supplemented by these Terms of Use. Virtual Currency and Goods bought through the Third-Party Platform will be available on your User Account in any platform you are registered with your Account Registration ID.
Purchase of items through the Company website. You may be asked to provide information about your payment methods, including credit cards information. We do not keep or save this information and we do not process any of your payment. The processing of payment is performed by third-party payment processors and payments service providers, including acquirer/s, credit card issuers, your financial institution or alike (“Payment Service Providers”). The services provided by Payments Service Providers may be subject to the supervision of financial regulators and is subject to the Payment Service Providers terms of use that may apply on the transaction.
The processing of payments may depend on the type of payment method used by you and there may be certain payment methods that will not be acceptable by the Payment Service Providers or may be subject to restrictions imposed by them (including restrictions imposed on the use of certain kinds of Credit Cards. Debit, certain Brands, or different restriction on transactions of certain currencies). To the fullest extent permitted by law, we are not liable for any payments conducted by you and for the performance of any of the Payment Service Providers. By approving the purchase, you accept the terms and conditions or any restrictions that may be applicable by the Payment Service Providers.
Taxes and other charges applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Company may revise the pricing for the goods and services offered through the Service at any time. The Company may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to THE Company. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
IF YOU ARE LOCATED IN THE US, YOU MAY BE SUBJECT TO ADDITIONAL TAXES INCLUDING SALES TAXES. WE MAY CHARGE YOU FOR THOSE TAXES, IN ADDITION TO ANY OTHER APPLICABLE FEES INCURRED. IF YOU ARE LOCATED IN THE EU OR UK, ALL FEES INCLUDE THE EU AND UK VAT TAX. THE VAT COLLECTED BY US OR BY THE THIRD-PARTY PLATFORM REFLECT THE VAT DUE ON THE VALUE OF ANY CONTENT OR SERVICES.
6. TERM AND TERMINATION
(a) Term. The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination by you. If you want to terminate the Terms, you may do so by closing your Account and ceasing to use the Service.
(c) Termination by us. We reserve the right to terminate or suspend your Account or access to the Game or Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms or any Applicable Law. We may also suspend the use of part of the Services in our sole discretion, including some of the interactive features within our Game (such as in-game stores, servers, chats and instant messaging functionalities within the Game or other Online Services) in accordance with our policies and in the event of a breach of these Terms and the Rules of Conduct (section 4 above).
(d) Effect of Termination. In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired during your use of the Game or the Service. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. To the fullest extent permitted by law, the Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
7. DISPUTES BETWEEN USERS
You are solely responsible for your interactions with other users of the Service. The Company may at any time intervene in disputes between you and other users, but is under no obligation to do so. The Company will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
If you have a dispute with one or more users, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY (and our officers, directors, agents, subsidiaries, joint ventures, and employees) FROM CLAIMS, DEMANDS, AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
8. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE AND GAME WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. Testing times of the Game at its pre-launch stage and Service availability are subject to change without prior notice, including cancellation of the Service and testing without any reimbursement. The Company makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any:
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site, or Game;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
9. LIMITATION OF LIABILITY
THE COMPANY'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. If you are a user residing in the EU or UK, this does not limit the Company’s liability in the event of death or personal injury resulting from an act or omission by the Company.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
10. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "Company Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Service.
11. EPIC MATERIALS
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
The Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, the Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by the Company and Epic. The Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of the Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if the Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company, Epic, Epic’s licensors, its and their affiliates, and any of the Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
12. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods in the Game) are owned by us and/or our suppliers (including other users).
You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are owned by us.
The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant Company policies, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations set forth herein) to download, install, access, view, and/or use a copy of the Game on a single computer that you own or control, solely for your personal non-commercial entertainment purposes. No other use of the Game is authorized.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without our prior written authorization. You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy or buy from the Game, unless you are expressly permitted by the Company. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
All trademarks, logos, and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks. Installing certain Games may include the automatic downloading of our suppliers’ software, such as Anti cheat software, on your device or computer and these Terms of Use shall apply in regard to the use of our suppliers’ software.
13. USER CONTENT
(a) User Content. You agree that you are willingly publishing content on the Service using technology and tools provided by the Company. Any data, text, information, files, graphics, photographs, and their selection and arrangement (hereinafter "User Content"), uploaded, posted to, emailed, transmitted, or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non- commercial, and/or promotional use by the Company, including the recording and analysis of all play sessions in the Game and their broadcast (whether in live streaming or as a recording) for marketing purposes or any other purpose the Company sees fit, in compliance with our Privacy Policy. (When User Content is Made Available by you, it becomes "Your Content"). You are solely responsible for Your Content. Thus, users are responsible, and the Company is not responsible, for any User Content users Make Available. The Company may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. To the fullest extent permitted by law, you agree that the Company will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. The Company does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. Where required by law, the Company will inform you before or after removing the User Content you published or uploaded.
(b) Public Discourse. The Service may include various forums, blogs, and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics. Therefore, in addition to all other provisions of these Terms, it is specifically clarified that the Company cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. The Company shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk.
(c) License to User Content. You hereby grant to the Company an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE.
(d) Ownership of Your Content. The Company does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. The Company has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
(e) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in the Game, whether earned in the Game or purchased from the Company, or any other attributes associated with an Account or stored on or in the Service.
14. APPLICABLE LAW AND ARBITRATION AGREEMENT
These Terms and any action related to these Terms will be governed by and interpreted under the laws of Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement.
You hereby agree to the binding Arbitration Agreement appended below. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Tel Aviv-Jaffa, Israel, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Tel Aviv-Jaffa, Israel. Notwithstanding the foregoing, if you are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the Russian Federation or in the European Union country in which you reside.
15. GENERAL
These Terms together with our Privacy and Cookie Policy and our Arbitration Agreement constitute the entire agreement between you and the Company regarding your use of our Service (Site, Service, Game, and all related content), and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by the Company are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the Company products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at support@cabbageballgame.com . We will make every effort to resolve your concerns.
LIVING ON RO –
ARBITRATION AGREEMENT
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: legal@cabbageballgame.com .
After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the Israeli Institute of Commercial Arbitration (IICA), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If IICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The IICA Rules governing the arbitration are available online at http://www.borerut.com/. The arbitration shall be conducted by a single, neutral arbitrator. The seat of arbitration shall be Tel Aviv - Jaffa, Israel. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the IIAC Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the IICA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Last Updated: AUGUST 28, 2023
Privacy Policy
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY OF THE GAMES.
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND LIVING ON RO LTD and/or any of its subsidiaries and affiliates (collectively "COMPANY" "WE", "OUR", "US").
These Terms of Use set out how you are permitted to use our Services, including accessing the CabbageBall game developed, operated or published by the Company (“Game”), content, materials, or to any other of our webpages, sites or applications that are connected and operated by the Company, or any other social network and online functionalities that are connected to the Company’s Services, as well as the proper use of materials, content and software developed and created by the Company.
For convenience, each of the Company’s online services shall be referred to as the “Service” or “Services”.
By accessing, downloading or using any of our Services in any way, including accessing the Services through any third-party Platforms (including web platforms, social networking sites or otherwise); or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND, IN JURISDICTIONS WHERE CONSENT IS REQUIRED FOR THE COMPANY TO PROCESS YOUR PERSONAL INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN THE COMPANY'S PRIVACY AND COOKIE POLICY. (All of the above, collectively "YOUR ACCEPTANCE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, YOU MAY NOT USE OR CONTINUE TO USE OF THE SERVICE.
THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE.
1. GENERAL USE AND CHANGES
The Service is licensed, not sold, to you. The Company grants you a limited, revocable, non-transferable right to access and use the Services.
The Company reserves the right to refuse any user access to the Service without notice if the user violates these Terms and, where permitted by law, for any other reason. To the fullest extent permitted by law, you agree that the Company may suspend or discontinue the Service (or any feature or application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability.
The Services are only available to Users in certain jurisdictions who should only use the Services as permitted under applicable law. The Services may not be authorized for use in certain other jurisdictions that are subject to embargoes or any economic sanctions, as applicable.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT HAVE THE LEGAL CAPACITY UNDER APPLICABLE LAW TO AGREE TO THE TERMS. WE MAY REQUIRE PROOF OF AGE (FOR EXAMPLE, WE MAY REQUEST YOUR MONTH AND/OR YEAR OF BIRTH) OR WE MAY REQUIRE PARENTAL OR LEGAL GUARDIAN CONSENT AT ANY TIME. WE ALSO RESERVE THE RIGHT TO BLOCK USERS IS WE SUSPECT THEY ARE UNDER THE APPLICABLE AGE.
The Company can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at the Company's sole discretion. These Terms will come into effect thirty (30) days after posting. By using the Service after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Service, which will be made available to you when you use these features. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In order to ensure the proper operation of its Services, the Company may publish from time to time in-games rules that shall apply to the Game (the "In-game Rules"). Such In-game Rules will be published within the "How to Play" Section of the Game. Such In-game Rules are considered an integral part of these Terms. By using the Service after the Company has added and applied In-Game Rules to the Game, you are agreeing to the added In-Game Rules; if you do not agree with any of the updated Terms and In-game Rules, you must stop using the Service.
You understand that the Service is evolving and agree at first to participate in the voluntary testing of the Service, free of charge or compensation, and without any guarantees that the Service will be provided at all in the future. To the fullest extent permitted by law, the Company may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that all Game and User data may be altered or deleted without prior notice. You acknowledge that any progression achieved in the current version of the Game might not be considered for future releases of the Service and that when an upgrade is available, previous versions of the Game may cease to be available or no longer be supported by the Company.
2. USE OF THE SERVICE
(a) Technical requirements. Our Services may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Service. While using and accessing the Service, you acknowledge that you read and understand the minimum technical requirements applicable in order to receive the Service.
(b) Visitors and Guests. If you are a visitor, you will be able to view and use certain features of the Service that are available without registration. You do not need to register with the Company to simply visit and view websites, the public information on the Service, or to download certain applications.
(c) Account Registration. In order to access certain features of the Services and Game you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (e) “Registration” below. In order to protect our Services, Users and Company itself, we reserve the right, if necessary, to reject to register any Account or to terminate it in accordance with these Terms.
(d) Access through Third-Party Platforms. If you access the Service through a social networking service or other third-party service (each a "Third-Party Platform") as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THE COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.
(e) Registration Data. In registering for the Service/s, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). To the fullest extent permitted by law, the Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
3. RULES OF CONDUCT
By using Company's Service you agree NOT to (or solicit another user to):
act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service is made through such a platform;
create an Account using a false identity or information, or on behalf of someone other than yourself;
create an Account or use the Service if you are a convicted sex offender;
have an Account or use the Service if you have previously been removed by the Company, or previously been banned from playing the Game;
use your Account, the Site, or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone;
use your Account or Service to engage in any illegal conduct;
access another user's account without permission;
use the Site or Service in any manner that violates any applicable laws or regulations or that is prohibited by these Terms;
sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Game;
collect or harvest any information about other users;
post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative, threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct;
discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
use features of the Site or Service for anything other than their intended purpose;
interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms;
decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third-Party Platforms;
engage in any other prohibited conduct, including cheating practices that attempt to manipulate the fair play rules of the Game;
You further represent and warrant that (a) you are not located in a country that is subject to any governmental embargos (including and without limitation, under embargos issued by the US, EU, UK and Australia), or that has been designated by any governmental authority as a "terrorist-supporting" country; and (b) you are not listed on any list of prohibited or restricted parties.
Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. To the fullest extent permitted by law, the Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, the Company will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.
4. VIRTUAL CURRENCY AND GOODS
The Services may include the option to purchase, with "real world" money, a license to use (i) virtual, in-game currency ("Virtual Currency") as well as (ii) virtual, in-game goods ("Virtual Goods") by using legal tender.
This can only be done if you are considered a legal adult in your country of residence. Virtual Currency and/or Virtual Goods may be purchased only via the Services and only in the manner stipulated in the Game through the Third-Party Account policies or the Site. Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by the Company, at its sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency and Virtual Goods are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the Service, bought not in the manner stipulated in the Game, or applied to any other Account, except to the extent described herein, or as required by applicable law.
Virtual Currency does not expire. Notwithstanding the foregoing, the Company has absolute control over all Virtual Currency and Virtual Goods and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability. The Company's obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY THE COMPANY. The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE GAME OFFERED BY THE COMPANY. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Game, you have no right in or title to such Virtual Currency and Virtual Goods.
In the event that your Account is terminated or suspended for any reason, to the fullest extent permitted by law and at the Company's sole and absolute discretion, or if the Company discontinues its Game, you forfeit any and all Virtual Currency and Goods. The Company has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
5. PAYMENT OF FEES
Purchase of items on Third Party Platforms. All Payments for Service/s conducted through Third Party Platforms (including third party platforms such as Epic and Steam) will be conducted and processed through and by the respective Third-Party Platform. The terms of use and payment of the Third-Party Platform shall apply in this regard, supplemented by these Terms of Use. Virtual Currency and Goods bought through the Third-Party Platform will be available on your User Account in any platform you are registered with your Account Registration ID.
Purchase of items through the Company website. You may be asked to provide information about your payment methods, including credit cards information. We do not keep or save this information and we do not process any of your payment. The processing of payment is performed by third-party payment processors and payments service providers, including acquirer/s, credit card issuers, your financial institution or alike (“Payment Service Providers”). The services provided by Payments Service Providers may be subject to the supervision of financial regulators and is subject to the Payment Service Providers terms of use that may apply on the transaction.
The processing of payments may depend on the type of payment method used by you and there may be certain payment methods that will not be acceptable by the Payment Service Providers or may be subject to restrictions imposed by them (including restrictions imposed on the use of certain kinds of Credit Cards. Debit, certain Brands, or different restriction on transactions of certain currencies). To the fullest extent permitted by law, we are not liable for any payments conducted by you and for the performance of any of the Payment Service Providers. By approving the purchase, you accept the terms and conditions or any restrictions that may be applicable by the Payment Service Providers.
Taxes and other charges applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Company may revise the pricing for the goods and services offered through the Service at any time. The Company may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to THE Company. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
IF YOU ARE LOCATED IN THE US, YOU MAY BE SUBJECT TO ADDITIONAL TAXES INCLUDING SALES TAXES. WE MAY CHARGE YOU FOR THOSE TAXES, IN ADDITION TO ANY OTHER APPLICABLE FEES INCURRED. IF YOU ARE LOCATED IN THE EU OR UK, ALL FEES INCLUDE THE EU AND UK VAT TAX. THE VAT COLLECTED BY US OR BY THE THIRD-PARTY PLATFORM REFLECT THE VAT DUE ON THE VALUE OF ANY CONTENT OR SERVICES.
6. TERM AND TERMINATION
(a) Term. The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
(b) Termination by you. If you want to terminate the Terms, you may do so by closing your Account and ceasing to use the Service.
(c) Termination by us. We reserve the right to terminate or suspend your Account or access to the Game or Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms or any Applicable Law. We may also suspend the use of part of the Services in our sole discretion, including some of the interactive features within our Game (such as in-game stores, servers, chats and instant messaging functionalities within the Game or other Online Services) in accordance with our policies and in the event of a breach of these Terms and the Rules of Conduct (section 4 above).
(d) Effect of Termination. In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired during your use of the Game or the Service. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. To the fullest extent permitted by law, the Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
7. DISPUTES BETWEEN USERS
You are solely responsible for your interactions with other users of the Service. The Company may at any time intervene in disputes between you and other users, but is under no obligation to do so. The Company will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
If you have a dispute with one or more users, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY (and our officers, directors, agents, subsidiaries, joint ventures, and employees) FROM CLAIMS, DEMANDS, AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
8. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE AND GAME WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. Testing times of the Game at its pre-launch stage and Service availability are subject to change without prior notice, including cancellation of the Service and testing without any reimbursement. The Company makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any:
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site, or Game;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
9. LIMITATION OF LIABILITY
THE COMPANY'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. If you are a user residing in the EU or UK, this does not limit the Company’s liability in the event of death or personal injury resulting from an act or omission by the Company.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
10. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "Company Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Service.
11. EPIC MATERIALS
The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.
The Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, the Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve the Game, or will not revoke approval of the Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by the Company and Epic. The Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of the Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if the Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company, Epic, Epic’s licensors, its and their affiliates, and any of the Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
12. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods in the Game) are owned by us and/or our suppliers (including other users).
You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are owned by us.
The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant Company policies, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations set forth herein) to download, install, access, view, and/or use a copy of the Game on a single computer that you own or control, solely for your personal non-commercial entertainment purposes. No other use of the Game is authorized.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without our prior written authorization. You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy or buy from the Game, unless you are expressly permitted by the Company. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
All trademarks, logos, and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks. Installing certain Games may include the automatic downloading of our suppliers’ software, such as Anti cheat software, on your device or computer and these Terms of Use shall apply in regard to the use of our suppliers’ software.
13. USER CONTENT
(a) User Content. You agree that you are willingly publishing content on the Service using technology and tools provided by the Company. Any data, text, information, files, graphics, photographs, and their selection and arrangement (hereinafter "User Content"), uploaded, posted to, emailed, transmitted, or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non- commercial, and/or promotional use by the Company, including the recording and analysis of all play sessions in the Game and their broadcast (whether in live streaming or as a recording) for marketing purposes or any other purpose the Company sees fit, in compliance with our Privacy Policy. (When User Content is Made Available by you, it becomes "Your Content"). You are solely responsible for Your Content. Thus, users are responsible, and the Company is not responsible, for any User Content users Make Available. The Company may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. To the fullest extent permitted by law, you agree that the Company will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. The Company does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. Where required by law, the Company will inform you before or after removing the User Content you published or uploaded.
(b) Public Discourse. The Service may include various forums, blogs, and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics. Therefore, in addition to all other provisions of these Terms, it is specifically clarified that the Company cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. The Company shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk.
(c) License to User Content. You hereby grant to the Company an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE.
(d) Ownership of Your Content. The Company does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. The Company has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
(e) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in the Game, whether earned in the Game or purchased from the Company, or any other attributes associated with an Account or stored on or in the Service.
14. APPLICABLE LAW AND ARBITRATION AGREEMENT
These Terms and any action related to these Terms will be governed by and interpreted under the laws of Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement.
You hereby agree to the binding Arbitration Agreement appended below. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Tel Aviv-Jaffa, Israel, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Tel Aviv-Jaffa, Israel. Notwithstanding the foregoing, if you are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the Russian Federation or in the European Union country in which you reside.
15. GENERAL
These Terms together with our Privacy and Cookie Policy and our Arbitration Agreement constitute the entire agreement between you and the Company regarding your use of our Service (Site, Service, Game, and all related content), and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by the Company are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the Company products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at support@cabbageballgame.com . We will make every effort to resolve your concerns.
LIVING ON RO –
ARBITRATION AGREEMENT
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: legal@cabbageballgame.com .
After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the Israeli Institute of Commercial Arbitration (IICA), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If IICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The IICA Rules governing the arbitration are available online at http://www.borerut.com/. The arbitration shall be conducted by a single, neutral arbitrator. The seat of arbitration shall be Tel Aviv - Jaffa, Israel. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the IIAC Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the IICA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.