PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THESE TERMS OF SERVICE BELOW, OR BY USING THE WWW.ROBERTSSPACEINDUSTRIES.COM WEBSITE AND RELATED WEBPAGES (THE “WEBSITE”) OR ANY OF THE CONTENT MADE AVAILABLE VIA THE WEBSITE OR THE GAME LAUNCHER. YOU AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TERMS OF SERVICE AND/OR IMMEDIATELY CEASE USING THE RSI SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS THE RSI SERVICES (OR ANY PART THEREOF).
II. Contacting Us
The RSI Services are made available to you by Robert Space Industries Corp., a company registered in California, USA, and located at 9255 Sunset Blvd., Ste. 803, West Hollywood, CA 90069 (“RSI”, “we”, “us”, “our”). If you would like to contact us or make a complaint about any of the RSI Services, please contact us at the foregoing address or via email: firstname.lastname@example.org.
III. Privacy & Data Collection
IV. RSI Account
A. Opening & Maintaining an Account
An RSI Account (“Account”) may be required to access and use some RSI Services. If you have questions about Account registration, please contact us at email@example.com. You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the RSI Services.
Only “natural persons”, as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall have the privilege of establishing an Account. By entering into these Terms of Service and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these Terms of Service on behalf of yourself and, at your discretion, any other person (including, but not limited to, any minor children for whom you are the parent or legal guardian) whom you have authorized to play the Game using your Account. You further agree that you are solely responsible and entirely liable for all activities conducted through the authorized use of your Account, and you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Service and any and all other RSI Terms.
THE RSI SERVICES ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DO WE KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU HAVE ALLOWED YOUR CHILD TO ACCESS ANY OF THE RSI SERVICES, PLEASE ENSURE THAT, IF YOUR CHILD IS UNDER 13 YEARS OF AGE, THEY DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US.
To create an Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the RSI Service for which you are registering. Some RSI 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, violates anybody’s trademark or similar rights, or otherwise violates any of the RSI Terms. RSI reserves the right to block or remove any “user name” or “persona”, if the use thereof violates any RSI Terms, laws or regulations, including, without limitation, personality rights, rights of privacy, or trademarks.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account’s access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
V. Rules of Conduct.
You must not use the Website, the Game or any of the other RSI Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. Without limiting the foregoing, you must not use the Game, the Website or any of the RSI Services in any of the following ways:
- Post, transmit, promote, or distribute any UGC (as defined in Sec. 13 below) 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 the distribution of any UGC (as defined in Sec. 13 below) that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, 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) or use of any other methods to disrupt the flow of chat in chat rooms.
- Impersonate another person (including celebrities), indicate falsely or misleadingly that you are an RSI employee or a representative of RSI or any of RSI’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on the RSI Services.
- Upload UGC (as defined in Sec. 13 below) 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 RSI staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the RSI Services that RSI does not specifically authorize you to modify.
- Post or communicate any other user’s real-world personal information using any of the RSI Services.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for any of the RSI Services.
- Attempt to use RSI Software (as defined in Sec. 13 below) on or through any service that is not controlled or authorized by us.
- Exploit the Game (or any part thereof) or any of the other RSI Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
- Post any messages to, or otherwise attempt via any of the RSI Services (or otherwise) to trade or sell physical or digital Merchandise, such as ships, “insurance benefits,” Game credits or other accrued Game benefits offered by RSI.
- Interfere with the ability of others to enjoy playing a RSI Service or take actions that interfere with or materially increase the cost to provide a RSI Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of the RSI Services.
- Sell or offer for sale, communicate to the public or otherwise distribute the Game to any third party, or to transfer the Game other than through means permitted by RSI (such as gifting within RSI’s system).
- Facilitate, create or maintain any unauthorized connection to any of the RSI Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website or the Game; and (b) any connection using programs or tools not expressly approved by RSI;
- Use automated measures like “bots” while using and/or playing any of the RSI Services, especially for “gold farming”.
- Attempt to fake or mask the jurisdiction you are located in (e.g. by proxy servers etc.)
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the RSI Services (whether or not such third parties are registered users of the RSI Services) and for the employees and representatives of RSI.
You must also obey all national and local laws, regulations and rules that apply to your activities when you use the RSI Services. RSI reserves the right to suspend the use of your Account and terminate your Account after notice of breach and to prevent your use of any and all RSI Services if your Account is used to engage in illegal activity or in violation of these Terms of Service.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to RSI by contacting firstname.lastname@example.org.
VI. VI. Charges & Billing
We reserve the right to change our prices, fees, or billing methods at any time. If we elect to do so, we will notify you of the relevant change by email or by posting a notice on the relevant RSI Service at least thirty (30) days in advance of the relevant change taking effect.
VII. Fundraising & Pledges
RSI is raising funds for the Game. You may select one or more of the pledges offered on the Website, or through RSI’s customer service, and pay the indicated amount(s) in accordance with the following terms agreed between you and RSI:
- Your payment (“Pledge”) is a deposit to be used for (a) the production and delivery cost for the relevant pledge items (“Pledge Item Cost”), and (b) the development and production cost of the Game, including the costs of operating and hosting the Game, the Website and the other RSI Services, and RSI’s corporate expenses associated with the foregoing (the “Game Cost”).
- The Pledge shall be earned by RSI and become non-refundable to the extent that it is used for the Pledge Item Cost and/or the Game Cost, with your Pledge being applied as follows: first to the Pledge Item Cost, and then on a pro rata pari passu basis with all other contributors whose deposits have been deducted by the relevant Pledge Item Cost, to the Game Cost.
- RSI 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 communicated to you on the Website. However, you acknowledge and agree that delivery as of such date is not a firm promise and may be extended by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has failed to deliver the relevant pledge items and/or the Game to you within eighteen (18) months after the estimated delivery date.
- For the avoidance of doubt, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items. In the unlikely event that RSI is not able to deliver the Game and/or the pledge items, RSI agrees to post an audited cost accounting on the Website to fully explain the use of the amounts paid for Pledge Item Cost and the Game Cost. In consideration of the promises by RSI hereunder, you agree that you shall irrevocably waive any claim for refund of any Pledge that has been used for the Game Cost and Pledge Item Cost in accordance with the above.
- Once RSI has delivered all pledge items to you and the Game has been commercially released to the public, all your payments for any RSI Services until such time shall become, and any payments thereafter shall be, non-refundable in whole or in part.
- You acknowledge and agree that the pledge items delivered to you may differ in certain aspects from the description of those pledge items that was available on the Website at the time of your Pledge.
- For the avoidance of doubt, all payments for items delivered immediately or soon after purchase, such as recurring website subscriptions, alpha passes, or Merchandise (as defined in Sec. 9 below) are not covered by this Section 7, but by Section 8 below.
VIII. Paid Subscription Services
If you pay a recurring (e.g. monthly) subscription for an RSI Service, RSI will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by email. Your continued use of the RSI Services thirty (30) days or more after the date on which we notified you by email of the relevant changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of RSI Services is subject to use or sales tax, then RSI may also charge you for any such taxes, in addition to the subscription or other fees.
By agreeing to these Terms of Service and purchasing a recurring subscription, you will have agreed to permit RSI to automatically renew your subscription to the relevant RSI Service on the relevant renewal date by charging a valid credit card number which you have provided to RSI with an amount equal to RSI’s applicable then-current subscription fee, excluding any promotional and discount pricing, unless and until you cancel your subscription.
You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using RSI Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
The following terms and conditions will apply to any physical Merchandise (e.g. T-shirts, notepads, ship models, etc.) (“Merchandise”) you purchase from us via the Website.
We have the right at any time, prior to our acceptance of your order (as described below), to withdraw any discount and/or to revise the prices set out on our Website to take into account increases in the costs of manufacturing, handling or shipping the Merchandise available on our Website or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to on our Website are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below). We reserve the right to notify you of any mistakes in any Merchandise descriptions or errors in pricing prior to dispatching the Merchandise you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandise, you acknowledge that such Merchandise will be provided in accordance with such revised description or price.
When you place an order for Merchandise on our Website we will send you an order confirmation email. Our acceptance of your order does not take place until dispatch of the Merchandise you have ordered, at which point we will have agreed to enter into a contract with you for the purchase of the Merchandise you have ordered and you will be charged for the purchase price of such Merchandise.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before clicking the ‘PLACE ORDER & PAY’ button.
We will use our reasonable endeavors to ensure that the Merchandise are delivered to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from the date on which you have received your order confirmation email. Title and risk in respect of the Merchandise you have ordered will pass from us to you once those Merchandise are delivered to the delivery address stated in your order.
You hereby acknowledge and agree that: (a) Merchandise is shipped to you from the nearest facility available to RSI, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are: (i) payable on the Merchandise you have ordered; and (ii) set out on your order.
X. Payment Options and Information
You may make payments on the RSI Services by using the methods available for the particular RSI Service and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by RSI Service. When you provide credit card or other payment information to RSI, you represent to RSI that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. RSI does not receive any confidential payment data from its payment providers, and RSI is not responsible for their performance. You must promptly update all information with the relevant payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify RSI if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at email@example.com
Customers who use a payment method other than a credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. RSI reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account under your authorization, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations, any refunds may only be made to the same payment method (credit card, Paypal or bank account), from which the payment was received, and may in no event exceed the amount of the payment received by RSI. Any taxes paid, such as VAT, are not refundable beyond 30 (thirty) days after the purchase.
XI. Virtual Goods
Virtual Goods are game elements such as ships, characters, items such as “ship insurance,” points, and credits (collectively, “Virtual Goods”). All Virtual Goods remain the property of RSI at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by the RSI Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from RSI at any time. The foregoing applies also with respect to RSI’s permission to transfer such limited license in Virtual Goods to other users via “gifting.” Gifting is limited to a daily maximum of Virtual Goods purchased for $1000 or less.
XII. Third Party Web sites and Vendors
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to RSI. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
We make no warranties or representations whatsoever about any third party web sites which you may access through any of the RSI Services or any services that are provided by any such third party web sites. Third party web sites are in no way approved, vetted, checked or endorsed by us and you agree that we will not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party web sites. Links to such third party web sites do not necessarily imply that we or any of the RSI Services are affiliated to or associated with such third party web sites or the operators of such third party web sites. If you decide to visit any third party web site, you do so at your own risk. In addition, your use of any third party web site may be subject to your acceptance of such third party web site’s own terms and conditions, which we suggest you read carefully before proceeding.
XIII. Intellectual Property
A. RSI Content, User Generated Content
“RSI Content” includes (1) software, software updates or patches, or other utilities and tools from RSI or its licensors (“RSI Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the RSI Services. RSI does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the RSI Services.
RSI reserves the right to remove UGC that is illegal, contrary to these Terms of Service or objectionable to us for any reason. RSI does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
B. Intellectual Property Rights
RSI Content is owned by RSI or RSI’s licensors and is protected by US, English, 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 RSI Content from any of the RSI Services unless expressly authorized by us in writing or the RSI Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any RSI Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of RSI Content. RSI reserves all rights in RSI owned and licensed RSI Content that are not expressly granted to you in these Terms of Service. You acknowledge that RSI and/or our third party licensors remain the owners of all of the RSI Content included on the RSI Services, and that you do not acquire any of those ownership rights by downloading any of the RSI Content or accessing any of the RSI Services.
Making unauthorized copies of any of the RSI Content may result in the termination of your Account(s) after notice of breach, you being prohibited from using any of the RSI Services, and further civil or criminal legal action being brought against you by us and/or our third party licensors. RSI Content owners may take criminal or civil action against you for unauthorized use of their intellectual property.
C. Software, Utilities and Tools
RSI grants to you a non-exclusive, limited license to use the RSI Software solely for the purpose stated by RSI at the time the RSI Software is made available to you. If a EULA is provided with the RSI Software, your use of the RSI Software is subject to the terms of that EULA and applicable law. You may not sub-license, or charge others to use or access the RSI Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the RSI Software. You may not modify the RSI Software or use it in any way not expressly authorized in writing by RSI. You understand that RSI’s introduction of various technologies may not be consistent across all platforms and that the performance of RSI Software and related RSI Services may vary depending on your computer and other equipment.
From time to time, RSI may provide you with updates or modifications to the RSI Software. You understand that certain updates and modifications may be required in order to continue the use the RSI Software and the RSI Services.
XIV. Contributing UGC to RSI Services
RSI respects the intellectual property rights of others. You must have the legal right to upload UGC to the RSI Services. You may not upload or post any UGC on any of the RSI 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 UGC. RSI may, without prior notice to you, remove any UGC that in RSI’s reasonable opinion may infringe the intellectual property rights of a third party. If you infringe RSI’s or a third party’s intellectual property rights, RSI may terminate your Account after notifying you of your breach of these Terms of Service. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
XV. License Grant in UGC to RSI and Others
In exchange for RSI enabling you to contribute UGC or use RSI Fansite Content or RSI Marks (both as defined below in Sec. 14), when you contribute UGC to an RSI Service or use any UGC in connection with any RSI Fansite Content or RSI Marks (e.g. on a fansite), you expressly grant to RSI a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work 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 RSI all licenses, consents and clearances to enable RSI to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the RSI Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of the RSI Service, than you also grant all other users of the relevant RSI Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant RSI Service without further notice, attribution or compensation to you.
A. Unsolicited Creative Submissions
RSI places a particular value on its interaction with its customers and fans, and the Star Citizen community. However, without an RSI submission agreement having been executed by the submitting party in advance, neither RSI nor any of its employees and/or contractors may accept or consider any unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to RSI or its employees and/or contractors without first contacting firstname.lastname@example.org to obtain a copy of the RSI submission agreement, and returning it signed to RSI. RSI reserves the right to refuse to enter into an RSI submission agreement with anyone.
If you do submit your Unsolicited Ideas to RSI or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant RSI, and its designees a worldwide, perpetual, unconditional, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you.
To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to RSI as specified above are valid, effective and enforceable. You also give up any claim that any use by RSI and/or its licensees of your Unsolicited Ideas violates any of your rights, including, but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
Solely in connection with your fansite or your fansite pages dedicated to any of the RSI Services, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain RSI Services-related images, graphics or artwork (the “RSI Fansite Content”) and certain RSI trademarks and logos (the “RSI Marks”) that RSI may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that RSI shall have the right to amend, delete, add to, or otherwise modify any RSI Fansite Content used or accessed by you, without prior notice.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to RSI that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of the RSI Services, or RSI, or its officers or employees. If at any time you post such material, RSI may terminate the license set forth in this Section. Your ownership of the fansite excludes the RSI Fansite Content, the RSI Marks and any derivative works based upon, or including the RSI Fansite Content and/or RSI Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include RSI’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any RSI Fansite Content or RSI Marks, and agree to comply with any usage guidelines that may be provided by RSI from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of RSI Fansite Content or RSI Marks, including in digital form; nor challenge RSI’s or its licensors’ ownership of the RSI Fansite Content or RSI Marks, nor use or adopt any trademarks that might be confusingly similar to such RSI Marks.
RSI reserves all rights, title and interest in and to the RSI Fansite Content and RSI Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the RSI Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the RSI Content, without the express written permission of RSI. RSI does not consent to the protection of any unauthorized derivative work under any applicable law. The creation and sale of merchandise based on the Game, the Website, any RSI Content, any RSI Fansite Content or any RSI Marks is expressly prohibited.
You may not use any of the RSI Fansite Content and/or RSI Marks on your fansite if you charge a subscription or access fee to access your fansite, or if you make arrangements to generate advertising or sponsor revenue, unless you enter into a separate license agreement with us in respect of your use of such RSI Fansite Content and/or RSI Marks on your fansite.
Under no circumstances will RSI be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any RSI Fansite Content and/or RSI Marks. RSI reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
C. Interviews and Filming at Events
RSI may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by RSI (“RSI Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that RSI may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please do not participate in the RSI Events and decline to be interviewed.
We may offer entry into competitions and prize draws through the Website, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to you and a link will be provided in order for you to read and accept the relevant terms and conditions before you enter the competition or prize draw.
XVI. Special Terms: Pre-Release Testing
In its sole discretion, RSI may contact you to review and evaluate the Game, aspects or modules of the Game, or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof (hereafter “Pre-Release Games”) for the purpose of identifying program errors. You will be asked to provide to RSI (and to RSI only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-Release Games. This process is referred to herein as a “Pre-Release Test.” If it is a closed Pre-Release Test, RSI may ask you to enter into a Pre-Release Software Confidentiality Agreement (“*Confidentiality Agreement*”) for each specific Pre-Release Test BEFORE you will be allowed to be a tester (“*Tester*”) and BEFORE any software will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Confidentiality Agreement, in addition to the following terms and conditions which apply to all Pre-Release Tests.
In connection with the Pre-Release Test, RSI may provide you, on a temporary basis, Pre-Release Games, as well as confidential and proprietary information (collectively, “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of RSI. You agree as a condition of participating in a Pre-Release Test to (i) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials, and (iii) if applicable, fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to Pre-Release Materials to any other person. You agree that breach of the above obligations will cause irreparable harm to RSI, and RSI is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Pre-Release Materials confidential will continue until RSI publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials that you are testing.
Upon request, you agree to immediately return to RSI all copies of the Pre-Release Material which RSI provided to you.
As a Tester, you are invited to play Pre-Release Games for the sole purpose of evaluating the Pre-Release Games and identifying errors. Nothing in these Terms of Service or any other RSI Terms shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Release Materials or other RSI Content.
THE PRE-RELEASE GAMES ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
When playing some Pre-Release Games, you may accumulate Virtual Goods or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Pre-Release Game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a Pre-Release Game, you agree that: (i) playing Pre-Release Games is at your own risk and you know that the Pre-Release Games may include known or unknown bugs, (ii) any Virtual Goods or other value or status indicators that you achieve through game play may be erased at any time, (iii) RSI has no obligation to make these Pre-Release Games available for play with or without charge for any period of time, nor to make them available at all, (iv) you may need to pay a subscription or access fee in order to access these Pre-Release Games once the Pre-Release Test process is complete or at any time in the future; (v) these Terms of Service apply to your use of the Pre-Release Games during the Pre-Release Test, and (vi) if it is a closed Pre-Release Test, you will keep all information about the Pre-Release Materials confidential as stated above and not disclose such information to any other person.
Pre-Release Test accounts are non-transferable under any circumstances.
XVII. Limitations on Warranty and Liability
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OF THE OTHER RSI SERVICES, THE RSI SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. RSI SERVICES, RSI SOFTWARE, RSI’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 MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. RSI PROVIDES THE RSI SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE RSI SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RSI WILL HAVE ADEQUATE CAPACITY FOR THE RSI SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE RSI SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE RSI SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT RSI, 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 ANY OF THE RSI SERVICES OR USE OF THE RSI SOFTWARE. IN NO CASE SHALL RSI OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH RSI, THE “RSI AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RSI FOR THE RSI SERVICES. SAVE AS SET OUT IN THESE TERMS OF SERVICE, NONE OF THE RSI AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE RSI SERVICES, THE RSI SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE RSI SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE RSI AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. RSI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE RSI SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
Upon RSI’s request, you agree to defend, indemnify and hold harmless each of the RSI Affiliates and RSI’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other RSI Terms, for which you are responsible or in connection with your communication and activity on the RSI Services, including, without limitation, your distribution of any UGC on or through the RSI Services. Without limiting the generality of the foregoing, you agree to indemnify and hold RSI harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
RSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to RSI in that matter.
XIX. Updates: Possible Setbacks and Loss of Data
RSI MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE RSI SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. RSI RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED, SUBJECT TO SECTION 18 ABOVE.
XX. Termination of RSI Services and Accounts
RSI may immediately suspend or terminate your Account(s) (and access to all related entitlements) or any subscription for an RSI Service after notifying you of your breach of these Terms of Service, or any illegal or improper use of any of your Account(s), or your illegal or improper use of the RSI Services, products, or RSI’s Content. You may lose your user names and personas as a result of your Account(s) being terminated. If RSI terminates your Account(s), you may not participate in an RSI Service again without RSI’s express permission. To participate in an RSI Service after such termination, contact us at email@example.com. RSI reserves the right to refuse to keep Accounts for, and provide any of the RSI Services to, any individual. You may not allow individuals whose Accounts have been terminated by RSI to use your Account.
If your Account, or a particular subscription for an RSI Service associated with your Account, is terminated for your breach, 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 to any related entitlements associated with your Account or the particular RSI Service).
XXI. Cancellation of your Account
You have the right to cancel your Account at any time. To do so, please contact firstname.lastname@example.org.
After you have cancelled your Account, RSI may delete all your Account information and UGC. 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 to any related entitlements associated with your Account or the particular RSI Service).
RSI reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an RSI Service. You are also responsible for any amounts owed to third party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with any of the RSI Services must be settled before you establish a new Account.
XXII. Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that RSI would suffer irreparable harm if these Terms of Service or any of the RSI Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that RSI shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other RSI Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these Terms of Service or the RSI Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or any other RSI Terms (“Dispute”), you and RSI agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. RSI will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Account. You agree to send your notice to RSI, 9255 Sunset Blvd, Suite 803, West Hollywood, CA 90069, Attn: Legal Department with a copy via email to email@example.com.
C. Binding Arbitration
If you and RSI are unable to resolve a Dispute through informal negotiations, either you or RSI may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RSI will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service or the EULA, you and RSI may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions on Dispute Proceedings
You and RSI agree that any arbitration shall be limited to the Dispute between RSI and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and RSI agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
XXIII. General Terms
Third Parties. You agree that neither these Terms of Service nor any of the RSI Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service and the RSI Affiliates.
Severability. If any provision in these Terms of Service is held invalid or unenforceable the remaining provisions of these EULA shall remain in full force and effect. If any provision in these Terms of Service is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of RSI.
Waiver. The failure of RSI to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by RSI.
Force Majeure. RSI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RSI, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond RSI’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Remedies by RSI: All remedies, cures and other legal measures by RSI set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. RSI hereby expressively reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
Governing Law. The laws of California, excluding its conflicts-of-law rules, govern these Terms of Service, any other RSI Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with RSI or relating in any way to these Terms of Service, any other RSI Terms, your Account(s), or your use of any RSI 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 RSI or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in these Terms of Service, your conduct may also be subject to other local, state, national, and international laws.
I hereby acknowledge that I have read and understand these Terms of Service and that I agree to be bound by these Terms of Service.