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END USER LICENSE AGREEMENT AND TERMS OF SERVICE
I. Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of Rooster Teeth Productions, LLC (herein referred to as "Rooster Teeth"). By accessing and playing any games, websites, or forums created or maintained by Rooster Teeth (the "Games"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). “Rooster Teeth Games”, “RT GAMES”, "we", "us", or "our" refer to Rooster Teeth Productions, LLC, located at 1901 E. 51st St., Austin, TX 78723, and includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
Rooster Teeth Games reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. If you object to any changes, your sole recourse is to cease use of the Games. RT GAMES may also revise other policies, codes or rules at any time, and the new versions will be available at https://roosterteeth.com/terms-and-conditions. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Rooster Teeth Games had actual notice before the date of the amendment. This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
If at any point, you do not agree to any portion of the then current version of our Terms of Service, the Rooster Teeth Games Privacy Policy, or any other Rooster Teeth Games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or Rooster Teeth Games Privacy Policy conflict with any other RT GAMES terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Rooster Teeth Games Privacy Policy shall govern.
These Terms will cover your use of all products and services of Rooster Teeth Games, including but not limited to our website, forums, or our games (“Games”) on all platforms, whether PC or Macintosh downloadable or browser based or mobile application, Steam, Facebook, iOS, Google Play, Android, Xbox, PlayStation, or any other game platform (“Platforms”). The Terms will apply to all online and socially connected games.
II. Grant of a Limited License to Access Games
Subject to your agreement and continuing compliance with these Terms and any other relevant Rooster Teeth Games policies, Rooster Teeth Games is granting you a non-exclusive, non-transferable, revocable limited license to access the Games, and access to multiplayer game servers, downloadable content and software, on one or more of the Platforms for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice. By accessing or using the Games, you accept and agree to these Terms and the Privacy Policy. You may also be required to register an account on the Games or RT GAMES website (an "Account"), have a valid account on a social networking service ("SNS") or on Steam through which you connect to the Games, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Games, including, but not limited to, a mobile device that is suitable to connect with and use the Games, in cases where the Games offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Games. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
III. Grant of Limited License for In-Game Currency, Goods and Items
You understand that while at times you may “be gifted”, “earn”, "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games (“Virtual Currency”); or (b) virtual in-game goods or items (together with Virtual Currency, "Virtual Items" or “Virtual Goods”); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items or Goods and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Games, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment, in-app purchase, or redemption of a third party game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Items and Goods may be purchased with "real world" money from a third-party. Please note that RT GAMES often does not handle any of the transactions of Virtual Currency. Your purchase of in game Virtual Currency is subject to terms and conditions of the third party or parties handling the transactions.
In addition to any third party obligations, the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. Neither Third Parties nor RT GAMES will give any refunds. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, 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, in RT GAMES's sole and absolute discretion, or if RT GAMES discontinues any of its Games, you forfeit any and all Virtual Currency and Goods. RT GAMES has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Rooster Teeth Games shall have no liability to you or anyone for the exercise of such rights. Virtual Goods or Currency may expire if account is inactive for more than one year.
IV. Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by RT GAMES. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. RT GAMES, its logos, and the Games' names are trademarks of Rooster Teeth (or its partners or licensors) and may not be used without RT GAMES's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Rooster Teeth Games or its licensors. Rooster Teeth Games may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Rooster Teeth Games or any other third party.
Any third-party content used by Rooster Teeth Games has been with permission and commercial licenses.
V. User Generated Content
It is possible you may choose to contribute to the games through the submission of user-generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.
You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without Rooster Teeth Games incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.
To the extent that User Generated Content includes anything named, designed, or made by you using tools provided by us, Rooster Teeth Games retains ownership over those items and the license to you is limited as granted in section II and III of this Terms of Service.
For any content that you generate that is not owned by RT GAMES, you hereby grant to Rooster Teeth Games a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games on any Platform as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
Rooster Teeth Games representatives reserves the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Games.
VI. User Code of Conduct
Your use of the Games is governed by certain rules (the "Code of Conduct"), maintained and enforced by RT GAMES. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Rooster Teeth Games reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user's account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, choosing a name for a guild, interacting with other players, posting messages in chat or to a message wall and otherwise accessing the Games.
If Rooster Teeth Games finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games. Rooster Teeth Games has no responsibility to monitor player behavior or enforce the Code of Conduct. RT GAMES may choose at its own sole discretion to penalize or not penalize a user for a claimed violation of this Code of Conduct. Non-enforcement in one instant of any violation by a user does not constitute a waiver of any other or subsequent violation by that or any other user.
You agree that your use of and conduct in the Games shall be lawful and you will not:
• transmit or post any content or language which, in RT GAMES's sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
• communicate or post any user's personal information, including but not limited to another user's address, phone number, e-mail address, or credit card number, in the Games without the user's express written consent, except that a user may communicate his or her own personal information;
• violate the contractual, personal, intellectual property or other rights of any party, or promote, cause or create illegal activity;
• make improper use of RT GAMES's support services or submit false reports of abuse or misconduct;
• disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
• copy or adapt the Games' software including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Rooster Teeth Games created to generate web pages or any software or other products or processes accessible through the Games;
• except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
• interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games;
• use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Games;
• without Rooster Teeth Games’ express written consent, modify or cause to be modified any files that are a part of the Games;
• participate in any action that, in RT GAMES's sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned or purchased through authorized game play in the Games;
• sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
• engage in cheating or any other activity deemed by Rooster Teeth Games to be in conflict with the spirit or intent of the Games;
• attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including other players, RT GAMES employees, or RT GAMES’s customer service representatives; or
• make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an RT GAMES employee.
VII. Additional Restrictions
The following restrictions apply to the use of the Games:
• You shall not create an Account or access the Games if you are under the age of 13; By accessing and using the Games, you represent and warrant that you are at least 13 years old (Please be aware that Rooster Teeth Games may create certain areas on its website and some Games that contain adult or mature content. You must be at least 18 years of age to access and view such areas or Games. If you are less than the required age for such areas or Games, please do not use them). If you are a minor over the age of 13, you must seek consent from a parent or legal guardian before accessing the Games;
• You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with your Account. You are responsible for any use of your credit card mobile phone or other payment instrument (such as in App Purchases) by minors;
• You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• You shall not have an Account or use the Games if you have previously been removed by RT GAMES or previously been banned from playing any RT GAMES game;
• You shall not use the Games if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
• You shall use your Account only for non-commercial purposes;
• You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
• You shall not use your Account to engage in any illegal conduct;
• You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Rooster Teeth Games’ written permission;
• You shall not copy, modify or distribute rights or content from the Games, or Rooster Teeth Games’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service
• You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Rooster Teeth Games’ permission; and
• If you access the Games from an SNS, you shall comply with its terms of service/use as well as these Terms.
• You shall not use or display replays of the Games, or use the Games in eSports without the express written permission of Rooster Teeth Games.
VIII. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. RT GAMES may require that you accept updates to the Games you have installed on your computer or mobile device. You acknowledge and agree that RT GAMES may update the Service with or without notifying you and make any changes to the game or your account at RT GAMES’s sole discretion. You may need to update third party software from time to time in order to receive the Games.
IX. Termination
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Games or portions thereof if you are, or RT GAMES suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Games, with or without notice to you, at any time. 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. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired, earned or developed during the Games. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Games, and RT GAMES is under no obligation to compensate you for any such losses or results.
RT GAMES reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily for any reason or no reason, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, RT GAMES shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.
Termination of your Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
You may cancel the Account registered to you at any time by sending a request to customer support that your personal information be removed from the Account, as specified in Rooster Teeth Games’ Privacy Policy at this email address: accounthelp@roosterteeth.com. For game specific customer support, please contact gamesupport@roosterteeth.com.
X. Privacy
Rooster Teeth Games respects and protects the privacy of the users of its Games. By accessing the Games, you acknowledge and incorporate the Privacy Policy into these Terms. Please refer to RT GAMES's Privacy Policy: https://roosterteeth.com/privacy-policy
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Games and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Games are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Rooster Teeth Games, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
XI. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release Rooster Teeth Games and hereby agree to indemnify Rooster Teeth and all of its Affiliates, directors, officers, employees, agents and representatives 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 dispute.
XII. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY RT GAMES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RT GAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RT GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RT GAMES DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM RT GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RT GAMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XIII. Applicable Law
By accessing and using the Games, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Rooster Teeth. You agree that any claim or dispute you may have against Rooster Teeth must be resolved exclusively by a state or federal court located in Travis County. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
XIV. Arbitration.
Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Site and/or Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and Rooster Teeth are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Rooster Teeth. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Rooster Teeth for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Rooster Teeth. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. 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 Rooster Teeth.
You and Rooster Teeth waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Rooster Teeth elect to have claims and disputes resolved by arbitration. In any litigation between you and Rooster Teeth over whether to vacate or enforce an arbitration award, you and Rooster Teeth waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND ROOSTER TEETH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 13 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Rooster Teeth can force the other to arbitrate. To opt-out, you must notify Rooster Teeth in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Rooster Teeth account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Rooster Teeth Productions, ATTN: Arbitration Opt-out, 1901 E. 51st St., Austin, TX 78723; legal@roosterteeth.com. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Rooster Teeth.
XV. Indemnification
You agree to defend, indemnify and hold harmless Rooster Teeth, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Rooster Teeth reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rooster Teeth, and you agree to cooperate with Rooster Teeth’s defense of these claims. Rooster Teeth will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
XVI. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to RT GAMES’s Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this game;
4. Information reasonably sufficient to permit Rooster Teeth Games to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
RT GAMES’s Designated Agent is:
Rooster Teeth Productions
Attn: Legal Department
legal@roosterteeth.com
XVII. Assignment
RT GAMES may assign or delegate these Terms and/or the RT GAMES Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without RT GAMES’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
XVIII. Supplemental Policies
RT GAMES may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
XIX. Notice; Consent to Electronic Notice
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Rooster Teeth via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to legal@roosterteeth.com or to such other addresses as Rooster Teeth may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
XX. Language of the Terms of Service
If we provide you with a translation of the English language version of these Terms, the RT GAMES Privacy Policy or any other policy (collectively “RT GAMES Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the RT GAMES Policies.
In the event of a conflict between a translation of the RT GAMES Policies and the English version, the English version of the RT GAMES Policies will control.
XXI. Non-Waiver
The failure of Rooster Teeth Games to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to RT GAMES are of a unique and irreplaceable nature, the loss of which shall irreparably harm RT GAMES and which cannot be replaced by monetary damages alone. Accordingly, RT GAMES shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Games or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
XXII. Force Majeure
RT GAMES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RT GAMES, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RT GAMES’s control such as acts of God or goddesses (living or dead), war, riots, fire, floods, natural disaster, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, Zombie Apocalypse, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
XXIII. Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XXIV. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Rooster Teeth Games concerning your use of the Games and supersede any and all statements or other agreements, whether oral or written, between you and Rooster Teeth Games regarding that use.
I. Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of Rooster Teeth Productions, LLC (herein referred to as "Rooster Teeth"). By accessing and playing any games, websites, or forums created or maintained by Rooster Teeth (the "Games"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). “Rooster Teeth Games”, “RT GAMES”, "we", "us", or "our" refer to Rooster Teeth Productions, LLC, located at 1901 E. 51st St., Austin, TX 78723, and includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
Rooster Teeth Games reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. If you object to any changes, your sole recourse is to cease use of the Games. RT GAMES may also revise other policies, codes or rules at any time, and the new versions will be available at https://roosterteeth.com/terms-and-conditions. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Rooster Teeth Games had actual notice before the date of the amendment. This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
If at any point, you do not agree to any portion of the then current version of our Terms of Service, the Rooster Teeth Games Privacy Policy, or any other Rooster Teeth Games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or Rooster Teeth Games Privacy Policy conflict with any other RT GAMES terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Rooster Teeth Games Privacy Policy shall govern.
These Terms will cover your use of all products and services of Rooster Teeth Games, including but not limited to our website, forums, or our games (“Games”) on all platforms, whether PC or Macintosh downloadable or browser based or mobile application, Steam, Facebook, iOS, Google Play, Android, Xbox, PlayStation, or any other game platform (“Platforms”). The Terms will apply to all online and socially connected games.
II. Grant of a Limited License to Access Games
Subject to your agreement and continuing compliance with these Terms and any other relevant Rooster Teeth Games policies, Rooster Teeth Games is granting you a non-exclusive, non-transferable, revocable limited license to access the Games, and access to multiplayer game servers, downloadable content and software, on one or more of the Platforms for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice. By accessing or using the Games, you accept and agree to these Terms and the Privacy Policy. You may also be required to register an account on the Games or RT GAMES website (an "Account"), have a valid account on a social networking service ("SNS") or on Steam through which you connect to the Games, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Games, including, but not limited to, a mobile device that is suitable to connect with and use the Games, in cases where the Games offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Games. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
III. Grant of Limited License for In-Game Currency, Goods and Items
You understand that while at times you may “be gifted”, “earn”, "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games (“Virtual Currency”); or (b) virtual in-game goods or items (together with Virtual Currency, "Virtual Items" or “Virtual Goods”); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items or Goods and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Games, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment, in-app purchase, or redemption of a third party game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Items and Goods may be purchased with "real world" money from a third-party. Please note that RT GAMES often does not handle any of the transactions of Virtual Currency. Your purchase of in game Virtual Currency is subject to terms and conditions of the third party or parties handling the transactions.
In addition to any third party obligations, the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. Neither Third Parties nor RT GAMES will give any refunds. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, 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, in RT GAMES's sole and absolute discretion, or if RT GAMES discontinues any of its Games, you forfeit any and all Virtual Currency and Goods. RT GAMES has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Rooster Teeth Games shall have no liability to you or anyone for the exercise of such rights. Virtual Goods or Currency may expire if account is inactive for more than one year.
IV. Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by RT GAMES. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. RT GAMES, its logos, and the Games' names are trademarks of Rooster Teeth (or its partners or licensors) and may not be used without RT GAMES's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Rooster Teeth Games or its licensors. Rooster Teeth Games may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Rooster Teeth Games or any other third party.
Any third-party content used by Rooster Teeth Games has been with permission and commercial licenses.
V. User Generated Content
It is possible you may choose to contribute to the games through the submission of user-generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.
You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without Rooster Teeth Games incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.
To the extent that User Generated Content includes anything named, designed, or made by you using tools provided by us, Rooster Teeth Games retains ownership over those items and the license to you is limited as granted in section II and III of this Terms of Service.
For any content that you generate that is not owned by RT GAMES, you hereby grant to Rooster Teeth Games a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games on any Platform as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
Rooster Teeth Games representatives reserves the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Games.
VI. User Code of Conduct
Your use of the Games is governed by certain rules (the "Code of Conduct"), maintained and enforced by RT GAMES. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Rooster Teeth Games reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user's account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, choosing a name for a guild, interacting with other players, posting messages in chat or to a message wall and otherwise accessing the Games.
If Rooster Teeth Games finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games. Rooster Teeth Games has no responsibility to monitor player behavior or enforce the Code of Conduct. RT GAMES may choose at its own sole discretion to penalize or not penalize a user for a claimed violation of this Code of Conduct. Non-enforcement in one instant of any violation by a user does not constitute a waiver of any other or subsequent violation by that or any other user.
You agree that your use of and conduct in the Games shall be lawful and you will not:
• transmit or post any content or language which, in RT GAMES's sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
• communicate or post any user's personal information, including but not limited to another user's address, phone number, e-mail address, or credit card number, in the Games without the user's express written consent, except that a user may communicate his or her own personal information;
• violate the contractual, personal, intellectual property or other rights of any party, or promote, cause or create illegal activity;
• make improper use of RT GAMES's support services or submit false reports of abuse or misconduct;
• disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
• copy or adapt the Games' software including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Rooster Teeth Games created to generate web pages or any software or other products or processes accessible through the Games;
• except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
• interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games;
• use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Games;
• without Rooster Teeth Games’ express written consent, modify or cause to be modified any files that are a part of the Games;
• participate in any action that, in RT GAMES's sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned or purchased through authorized game play in the Games;
• sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
• engage in cheating or any other activity deemed by Rooster Teeth Games to be in conflict with the spirit or intent of the Games;
• attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including other players, RT GAMES employees, or RT GAMES’s customer service representatives; or
• make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an RT GAMES employee.
VII. Additional Restrictions
The following restrictions apply to the use of the Games:
• You shall not create an Account or access the Games if you are under the age of 13; By accessing and using the Games, you represent and warrant that you are at least 13 years old (Please be aware that Rooster Teeth Games may create certain areas on its website and some Games that contain adult or mature content. You must be at least 18 years of age to access and view such areas or Games. If you are less than the required age for such areas or Games, please do not use them). If you are a minor over the age of 13, you must seek consent from a parent or legal guardian before accessing the Games;
• You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with your Account. You are responsible for any use of your credit card mobile phone or other payment instrument (such as in App Purchases) by minors;
• You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• You shall not have an Account or use the Games if you have previously been removed by RT GAMES or previously been banned from playing any RT GAMES game;
• You shall not use the Games if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
• You shall use your Account only for non-commercial purposes;
• You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
• You shall not use your Account to engage in any illegal conduct;
• You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Rooster Teeth Games’ written permission;
• You shall not copy, modify or distribute rights or content from the Games, or Rooster Teeth Games’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service
• You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Rooster Teeth Games’ permission; and
• If you access the Games from an SNS, you shall comply with its terms of service/use as well as these Terms.
• You shall not use or display replays of the Games, or use the Games in eSports without the express written permission of Rooster Teeth Games.
VIII. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. RT GAMES may require that you accept updates to the Games you have installed on your computer or mobile device. You acknowledge and agree that RT GAMES may update the Service with or without notifying you and make any changes to the game or your account at RT GAMES’s sole discretion. You may need to update third party software from time to time in order to receive the Games.
IX. Termination
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Games or portions thereof if you are, or RT GAMES suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Games, with or without notice to you, at any time. 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. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired, earned or developed during the Games. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Games, and RT GAMES is under no obligation to compensate you for any such losses or results.
RT GAMES reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily for any reason or no reason, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, RT GAMES shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.
Termination of your Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
You may cancel the Account registered to you at any time by sending a request to customer support that your personal information be removed from the Account, as specified in Rooster Teeth Games’ Privacy Policy at this email address: accounthelp@roosterteeth.com. For game specific customer support, please contact gamesupport@roosterteeth.com.
X. Privacy
Rooster Teeth Games respects and protects the privacy of the users of its Games. By accessing the Games, you acknowledge and incorporate the Privacy Policy into these Terms. Please refer to RT GAMES's Privacy Policy: https://roosterteeth.com/privacy-policy
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Games and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Games are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Rooster Teeth Games, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
XI. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release Rooster Teeth Games and hereby agree to indemnify Rooster Teeth and all of its Affiliates, directors, officers, employees, agents and representatives 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 dispute.
XII. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY RT GAMES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RT GAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RT GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RT GAMES DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM RT GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RT GAMES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XIII. Applicable Law
By accessing and using the Games, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Rooster Teeth. You agree that any claim or dispute you may have against Rooster Teeth must be resolved exclusively by a state or federal court located in Travis County. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
XIV. Arbitration.
Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Site and/or Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and Rooster Teeth are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Rooster Teeth. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Rooster Teeth for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Rooster Teeth. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. 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 Rooster Teeth.
You and Rooster Teeth waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Rooster Teeth elect to have claims and disputes resolved by arbitration. In any litigation between you and Rooster Teeth over whether to vacate or enforce an arbitration award, you and Rooster Teeth waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND ROOSTER TEETH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 13 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Rooster Teeth can force the other to arbitrate. To opt-out, you must notify Rooster Teeth in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Rooster Teeth account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Rooster Teeth Productions, ATTN: Arbitration Opt-out, 1901 E. 51st St., Austin, TX 78723; legal@roosterteeth.com. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Rooster Teeth.
XV. Indemnification
You agree to defend, indemnify and hold harmless Rooster Teeth, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Rooster Teeth reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rooster Teeth, and you agree to cooperate with Rooster Teeth’s defense of these claims. Rooster Teeth will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
XVI. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to RT GAMES’s Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this game;
4. Information reasonably sufficient to permit Rooster Teeth Games to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
RT GAMES’s Designated Agent is:
Rooster Teeth Productions
Attn: Legal Department
legal@roosterteeth.com
XVII. Assignment
RT GAMES may assign or delegate these Terms and/or the RT GAMES Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without RT GAMES’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
XVIII. Supplemental Policies
RT GAMES may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
XIX. Notice; Consent to Electronic Notice
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Rooster Teeth via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to legal@roosterteeth.com or to such other addresses as Rooster Teeth may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
XX. Language of the Terms of Service
If we provide you with a translation of the English language version of these Terms, the RT GAMES Privacy Policy or any other policy (collectively “RT GAMES Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the RT GAMES Policies.
In the event of a conflict between a translation of the RT GAMES Policies and the English version, the English version of the RT GAMES Policies will control.
XXI. Non-Waiver
The failure of Rooster Teeth Games to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to RT GAMES are of a unique and irreplaceable nature, the loss of which shall irreparably harm RT GAMES and which cannot be replaced by monetary damages alone. Accordingly, RT GAMES shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Games or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
XXII. Force Majeure
RT GAMES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RT GAMES, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RT GAMES’s control such as acts of God or goddesses (living or dead), war, riots, fire, floods, natural disaster, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, Zombie Apocalypse, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
XXIII. Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XXIV. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Rooster Teeth Games concerning your use of the Games and supersede any and all statements or other agreements, whether oral or written, between you and Rooster Teeth Games regarding that use.