You agree to check www.Robertsspaceindustries.com/terms periodically for new information and terms that govern your use of Cloud Imperium Services. Cloud Imperium may modify the Terms of Service at any time. Cloud Imperium will inform you about revisions to the Terms of Service by email and/or by a notice on our home page and/or during log in. Revisions to terms affecting existing Cloud Imperium Services shall be effective thirty (30) days after posting at www.Robertsspaceindustries.com/terms. Terms for new Cloud Imperium Services are effective immediately upon posting at www.robertsspaceindustries.com/terms.
1. Cloud Imperium Account
A Cloud Imperium Account (“Account”) may be required to access and use some Cloud Imperium Services. If you have questions about Account registration, please contact us at firstname.lastname@example.org.
To create a Cloud Imperium Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Cloud Imperium Service for which you are registering. Some Cloud Imperium Services may require creation of a “user name” or a “persona”. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Cloud Imperium will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
2. Privacy and Data Collection
You understand, acknowledge and agree that public communications on Cloud Imperium Services are not private or confidential, and may be viewed and used by others accessing the Cloud Imperium Services.
“Content” on Cloud Imperium Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of Cloud Imperium Services. Cloud Imperium does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Cloud Imperium Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Cloud Imperium Services.
Cloud Imperium reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Cloud Imperium’s sole and final discretion. To the maximum extent permitted by applicable law, Cloud Imperium does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content that you post.
4. Intellectual Property Rights
Content on Cloud Imperium Services is owned by Cloud Imperium or Cloud Imperium’s third party licensors and is protected by US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Cloud Imperium Service unless our terms expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. Cloud Imperium reserves all rights in Cloud Imperium owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on Cloud Imperium Services may result in the termination of your Cloud Imperium Account(s), prohibition on use of Cloud Imperium Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Cloud Imperium from any unauthorized or illegal conduct by you, or through the use of your Account, on Cloud Imperium Services.
5. Contributing Third Party Content to Cloud Imperium Services
Cloud Imperium respects the intellectual property rights of others. You must have the legal right to upload Content to Cloud Imperium Services. You may not upload or post any Content on Cloud Imperium Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. Cloud Imperium may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of Cloud Imperium’s or a third party’s intellectual property rights, Cloud Imperium may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account.
6. Contributing Your Own Content to Cloud Imperium Services; License Grant to Cloud Imperium and Others
In exchange for Cloud Imperium enabling your contribution of Content, when you contribute Content to an Cloud Imperium Service, you expressly grant to Cloud Imperium a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Cloud Imperium all licenses, consents and clearances to enable Cloud Imperium to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the Cloud Imperium Service on which you contribute Content permits other users to access and use that contributed Content as part of the Cloud Imperium Service, than you also grant all other users of the relevant Cloud Imperium Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Cloud Imperium Service without further notice, attribution or compensation to you.
7. Termination of Cloud Imperium Services and Accounts
Cloud Imperium may terminate any Cloud Imperium Service at any time by giving you notice of such termination within the time period specified when you joined the particular Cloud Imperium Service, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable Cloud Imperium Service.
Cloud Imperium may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of Cloud Imperium Services, products, or Cloud Imperium’s Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, Cloud Imperium may terminate all of your Accounts and all related entitlements. Cloud Imperium may issue you a warning, or Cloud Imperium may immediately terminate any and all Accounts that you have established. You acknowledge that Cloud Imperium is not required to provide you notice before terminating your Account(s). If Cloud Imperium terminates your Account, you may not participate in a Cloud Imperium Service again without Cloud Imperium’s express permission. To participate in a Cloud Imperium Service after such termination, contact us at email@example.com. Cloud Imperium reserves the right to refuse to keep Accounts for, and provide Cloud Imperium Services to, any individual. You may not allow individuals whose Accounts have been terminated by Cloud Imperium to use your Account.
If your Account, or a particular subscription for a Cloud Imperium Service associated with your Account, is terminated, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Cloud Imperium Service.
8. Cancellation of your Account
You have the right to cancel your Account at any time. You have the possibility to cancel your Account by navigating to your Account settings. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Cloud Imperium Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Cloud Imperium, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Cloud Imperium’s enforcement or application of this Terms of Service; (2) the Content available through Cloud Imperium Services or any change in Content provided through Cloud Imperium Services; (3) your ability to access and/or use Cloud Imperium Services; or (4) the amount or type of any payment for Cloud Imperium Services.
After you cancelled your Account, Cloud Imperium deletes all your content.
9. Rules of Conduct.
You may violate the Terms of Service if you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an Cloud Imperium employee or a representative of Cloud Imperium, or attempt to mislead users by indicating that you represent Cloud Imperium or any of Cloud Imperium’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on Cloud Imperium Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to Cloud Imperium staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the Cloud Imperium that Cloud Imperium does not specifically authorize you to modify.
- Post or communicate any user’s real-world personal information using a Cloud Imperium Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Cloud Imperium Service.
- Attempt to use Cloud Imperium Software on or through any service that is not controlled or authorized by Cloud Imperium.
- Interfere with the ability of others to enjoy playing a Cloud Imperium Service or take actions that interfere with or materially increase the cost to provide a Cloud Imperium Service for the enjoyment of all its users.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Cloud Imperium Services. Cloud Imperium reserves the right to terminate your Account and to prevent your use of any and all Cloud Imperium Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Cloud Imperium using the “Help” or “Report Abuse” functions in the relevant Cloud Imperium Service.
10. Software, Utilities and Tools
Cloud Imperium Services may require or allow you to download software, software updates or patches, or other utilities and tools from Cloud Imperium or its licensors onto your computer (“Cloud Imperium Software”). Cloud Imperium grants to you a non-exclusive, limited license to use Cloud Imperium Software solely for the purpose stated by Cloud Imperium at the time the Cloud Imperium Software is made available to you. If an End User License Agreement is provided with the Cloud Imperium Software, your use of the Cloud Imperium Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Cloud Imperium Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Cloud Imperium Software. You may not modify Cloud Imperium Software or use it in any way not expressly authorized in writing by Cloud Imperium. You understand that Cloud Imperium’s introduction of various technologies may not be consistent across all platforms and that the performance of Cloud Imperium Software and related Cloud Imperium Services may vary depending on your computer and other equipment.
From time to time, Cloud Imperium may provide you with updates or modifications to Cloud Imperium Software. You understand that certain updates and modifications may be required in order to continue use the Cloud Imperium Software and Cloud Imperium Services.
11. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CLOUD IMPERIUM SERVICES, CLOUD IMPERIUM SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CLOUD IMPERIUM SERVICES, CLOUD IMPERIUM SOFTWARE, CLOUD IMPERIUM’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CLOUD IMPERIUM PROVIDES CLOUD IMPERIUM SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CLOUD IMPERIUM SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CLOUD IMPERIUM WILL HAVE ADEQUATE CAPACITY FOR CLOUD IMPERIUM SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLOUD IMPERIUM OR ITS LICENSORS IS TO STOP USING CLOUD IMPERIUM SERVICES, AND TO CANCEL YOUR CLOUD IMPERIUM ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT CLOUD IMPERIUM, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CLOUD IMPERIUM SERVICES OR USE OF CLOUD IMPERIUM SOFTWARE. IN NO CASE SHALL CLOUD IMPERIUM OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ CLOUD IMPERIUM AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CLOUD IMPERIUM FOR CLOUD IMPERIUM SERVICES. IN NO CASE SHALL CLOUD IMPERIUM OR CLOUD IMPERIUM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CLOUD IMPERIUM SERVICES, CLOUD IMPERIUM SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CLOUD IMPERIUM SERVICES OR ACCOUNTS. 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, CLOUD IMPERIUM’S AND CLOUD IMPERIUM AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. CLOUD IMPERIUM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CLOUD IMPERIUM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Links to Third-Party Sites
Cloud Imperium Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Cloud Imperium does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
13. General Terms
b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Cloud Imperium, and the remaining portions shall remain in full force and effect.
c. Waiver. The failure of Cloud Imperium to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Cloud Imperium.
d. Governing Law. (i) The laws of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Cloud Imperium or relating in any way to your Account(s) or your use of Cloud Imperium Services resides in the Courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Cloud Imperium or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
14. Entire Agreement
Cloud Imperium Games Corporation (CIG), via its website Robertsspaceindustries.com, is raising funds for its space combat game “Squadron 42” in the roleplaying universe of “Star Citizen” (the Game). You, the Contributor, may select one or more of the pledges and pay the indicated amount(s) in accordance with the following agreement between CIG and you, the Contributor:
1. You must be a registered user to select and pay for a pledge. Upon selection of a pledge, your payment will be collected through independent third party payment providers such as Paypal, Amazon Payments, and Stripe. By using such providers you agree to the terms and conditions applicable to each payment method you choose. CIG does not receive any confidential payment data from such providers, and CIG is not responsible for their performance. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. CIG reserves the right to change such payment providers at any time.
2. Your payment is a deposit to be used for the development and production cost of the Game, including the website cost, the production and delivery cost for the pledge items, and CIG’s corporate expenses associated with the foregoing (the Game Cost).
3. If you have elected to receive a refund in case that the initial fundraising goal will not be reached on or before November 10, 2012 from all deposits and other investments, then CIG will proceed to refund such deposit promptly to you, less processing cost and third party fees.
4. Once the initial fundraising goal has been reached, or if you elect to leave your deposit with CIG regardless of the amount raised, then the following shall apply:
- The deposit shall be earned by CIG and become non-refundable to the extent that it is used for the Game Cost, with each Contributor’s deposit being applied as follows: first to the fulfillment of the pledge items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
- CIG agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by CIG since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless CIG has not delivered the pledge items and/or the Game to you within 12 months after the estimated delivery date.
- For the avoidance of doubt, in consideration of CIG’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not CIG is able to complete and deliver the Game. In the unlikely event that CIG is not able to deliver the Game, CIG agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by CIG hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLOUD IMPERIUM OR ITS LICENSORS IS TO CLAIM A REFUND IF AND WHEN DUE PURSUANT TO THE TERMS HEREOF. IN NO CASE SHALL CLOUD IMPERIUM OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ CLOUD IMPERIUM AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CLOUD IMPERIUM. IN NO CASE SHALL CLOUD IMPERIUM OR CLOUD IMPERIUM AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CLOUD IMPERIUM’S SERVICES AND OR YOUR PLEDGE HEREUNDER. TO THE EXTENT THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLOUD IMPERIUM’S AND CLOUD IMPERIUM AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.