These Terms of Service (TOS) do not affect any transactions made before its effective date. All prior transactions are governed by the TOS in effect on the date of such transactions .
I. Intro
|
|
PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY. BY EXPRESSLY CONFIRMING YOUR ACCEPTANCE VIA CHECKING THE PROVIDED BOX OR PRESSING THE “ACCEPT BUTTON”, OR OTHERWISE BY USING THE WEBSITE WWW.ROBERTSSPACEINDUSTRIES.COM AND RELATED WEBPAGES (THE “WEBSITE”) OR ANY OF THE RSI SERVICES (AS DEFINED BELOW). YOU AGREE THAT THESE TOS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TOS, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TOS AND IMMEDIATELY CEASE USING THE RSI SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TOS, YOU WILL NOT BE ABLE TO ACCESS THE RSI SERVICES (OR CERTAIN PARTS THEREOF).
The “Game” shall mean collectively “Star Citizen” and all its related modules, games, and spin-offs, including “Squadron 42.” The “RSI Services” shall mean the Website, the Game, and any other product or online service offered or made available by Robert Space Industries LLC (“RSI”). RSI is a company registered in California, USA, and located at 12322 Exposition Blvd., Los Angeles, California 90064. RSI is sometimes also referred to herein as “we,” “us,” or “our.”
These TOS, the separate End User Licensing Agreements (“EULA”), RSI’s Privacy Policy (“Privacy Policy”), and any rules or instructions regarding a particular activity, poll, or other offer expressly modifying these TOS, constitute the “RSI Terms.”
The RSI Terms govern your use of the RSI Services. The RSI Terms may be amended from time to time with respect to operational and similar matters (e.g. code of conduct, gameplay etc.). We will notify you by email, via the Website or during log-in of any amendments that are going to be made by us in advance of such amendments taking effect and will invite you to accept our new RSI Terms. If you do not accept such new RSI Terms, you may no longer be able to access the RSI Services (or certain parts thereof). If you continue to use the RSI Services thirty (30) days or more after the date on which we notified you of any amended terms by email or via posting a notice on the Website then you will be deemed to have accepted such amended RSI Terms.
II. Your RSI Account
|
|
An account opened on the Website (“RSI Account”) will be required to access and use most of the RSI Services. If you have questions about registering for an RSI Account, please contact us at support@cloudimperiumgames.com. You are responsible for obtaining (at your own cost) all necessary hardware devices and telecommunications services required to access the RSI Services.
To create a RSI Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the RSI Services for which you are registering. Some RSI Services may require the creation of a “user name”, “handle”, or a “community moniker”. User names, handles, and community monikers are tied to your RSI Account. They may not be vulgar or offensive, nor violate anybody’s trademark or similar rights, or otherwise violate any of the RSI Terms. You may not use a user name, handle, or community moniker that is used by someone else. RSI reserves the right to block or remove any user name, handle, community moniker or “persona”, if the use thereof violates any RSI Terms, laws or regulations, including personality rights, rights of privacy, or trademarks.
Only “natural persons”, as opposed to any kind of legal entities (such as corporations, limited liability companies, and/or partnerships) shall have the privilege of establishing a RSI Account. By agreeing to these TOS and registering a RSI 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 TOS on behalf of yourself and any other person (including any minor children for whom you are the parent or legal guardian) whom you authorize to use any RSI Services with your RSI Account (“Your Authorized Users”). You further agree that you are solely responsible and entirely liable for all activities conducted by Your Authorized Users with your RSI Account, and you are responsible for ensuring that you, and Your Authorized Users understand, and comply with the terms of these TOS and all other RSI Terms.
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 TOS 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.
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.
III. Rules of Conduct.
|
|
You must not use any of the RSI Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. The foregoing shall apply to any behavior in connection with your use of the RSI Services, and shall include, by way of example, the following actions:
- Post, transmit, promote, or distribute any UGC (as defined in Sec. XII below) that is illegal.
- Transmit, distribute, or facilitate the distribution of any UGC 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, or which you do not own or for which you do not have permission to freely distribute.
- Harass, threaten, or direct inappropriate activity at any user of RSI Services or any employee, partner, or contractor of RSI and its affiliates. This includes, for example, making personal attacks or threats of physical violence, repeated ‘spamming’ or sending of unwanted messages, discriminatory statements, doxxing, swatting, cyberbullying, and stalking.
- 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, RSI Account information, or other private information from anyone else on the RSI Services.
- 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, for example, advertising or promotional messaging, chain letters, pyramid schemes, fundraising, 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. XII 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 (c) 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, to trade or sell any physical merchandise or digital items, including, but not limited to, Virtual Goods (as defined in Section IX below) such as ships, “insurance benefits,” Game credits or other accrued Game benefits offered by RSI.
- Post any messages to any third party site or other means of communication including email to trade or sell Merchandise (as defined in Section VII below) or Virtual Goods (as defined in Section IX below).
- 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 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 or your RSI Account to any third party, or to transfer the Game or your RSI Account 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 conduct rules provides only 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 and its affiliates and contractors.
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 RSI Account and terminate your RSI Account after notice of breach and otherwise prevent your use of any and all RSI Services if your Account is used to engage in illegal activity or in violation of these TOS or other RSI Terms.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to RSI by contacting support@cloudimperiumgames.com.
IV. Fundraising & Pledges
|
|
Please note: Pledges made under previous TOS continue to be governed by the corresponding clauses of the TOS, (or of the Commercial Terms, as applicable) which were in effect when those Pledges were made.
RSI is raising funds for the Game and other RSI Services. You may select one or more of the pledges for in-game items (“Pledge Item(s)”) offered on the Website, or through RSI’s customer service, and pay the indicated amount(s) (the “Pledge Funds”) in accordance with the following terms agreed between you and RSI.
- Your Pledge Funds are a deposit to be used for the development and production cost of the Game, including the Pledge Items, and the costs of operating and hosting the Game, the Website and the other RSI Services, as well as RSI’s corporate expenses associated with the foregoing (the “Game Cost”).
- The Pledge Funds will be earned by RSI at the earlier of:
- when the Pledge Item becomes functional in Star Citizen’s Alpha Persistent Universe (or is delivered separately, such as the game Squadron 42), or
- when your Pledge Funds have been expended for the Game Cost.
- Notwithstanding anything to the contrary in these TOS, you may cancel your order of Pledge Items for any reason within 14 days of the date on which the order was made (“Cancellation Period”).
- To cancel your order during the applicable Cancellation Period, you simply need to notify us in writing of your decision to cancel your order. The easiest way to do so is to complete and submit to us our support request form which can be found here. You can also cancel your order during the applicable Cancellation Period by emailing us at support@cloudimperiumgames.com.
- If you cancel your order during the applicable Cancellation Period, we will without undue delay, and in any event within fourteen (14) days from the date on which we receive notice of your decision to cancel your order, fully refund to you the respective Pledge Funds. In accordance with applicable financial control and banking rules, we reserve the right to refund you using the same means of payment as you used to make your order.
- If you already have received your Virtual Goods and cancel your order within the applicable Cancellation Period, we will remove the relevant Virtual Goods you ordered from your Account once we have processed your cancellation notice and you will no longer be able to access or use those Virtual Goods.
- RSI agrees to use its good faith business efforts to deliver to you the Pledge Item(s) as soon as possible. You agree that any unearned portion of your Pledge Funds shall not be refundable until and unless RSI has ceased development and failed to deliver the relevant Pledge Item(s) to you. In consideration of the promises by RSI hereunder, you agree that you irrevocably waive any claim for a refund of your Pledge Funds except as set forth in the preceding sentence.
- For the avoidance of doubt, following the Cancelation Period, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game and the other RSI Services with the funds raised, you agree that all earned Pledge Funds shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Pledge Item(s), the Game and/or the other RSI Services. In the unlikely event that RSI is not able to deliver the Pledge Item(s), and/or the Game, RSI agrees to refund any unearned portion of your Pledge Funds, and to post an audited cost accounting on the Website to fully explain the use of the funds raised for the Game Cost.
- You acknowledge and agree that the Game and the Pledge Item(s) delivered to you may differ in certain aspects from the description of the Game and the Pledge Items on the Website at the time of your Pledge, due to the evolving design of the Pledge Items and the Game during development.
- For the avoidance of doubt, all payments for items delivered immediately or soon after purchase, such as recurring website subscriptions or alpha passes, are not covered by this Section IV, but by Section VI below. Merchandize is defined and covered by Section VII below.
V. Store Credits
|
|
You have the option to reclaim Pledge Items by converting them into pledge store credits stored on your RSI Account (the “Pledge Store Credits”).
Pledge Store Credits represent Pledge Funds (governed by Section IV) on your Account which are currently not allocated to a specific Pledge Item. You may allocate Pledge Store Credits to eligible Pledge Items of your choice.
Restrictions and Limitations: The only usage permitted of Pledge Store Credits is the application toward eligible Pledge Items. You are not entitled to any refund of Pledge Store Credits in real life currency. Pledge Items obtained through promotional offers may not be converted into Pledge Store Credits. Items which are not Pledge Items, e.g. Event Tickets, Merchandise, certain promotional offers and Subscriptions, may not be converted into Pledge Store Credits. Some Pledge Items cannot be obtained with Pledge Store Credits, e.g. various promotional offers and Pledge Items limited by availability or stock, or made available through “buy-back” offers (i.e., the acquisition of pledges previously converted to store credits). RSI has no obligation to provide for the option to obtain any specific Pledge Item for Pledge Store Credit.
VI. 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. If you continue to use the RSI Services thirty (30) days or more after the date on which we notified you by email of the relevant changes then you will be deemed to have accepted these changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees for subscriptions periods that have lapsed prior to your cancellation, 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.
If you purchase a recurring subscription, you agree that until you cancel it RSI shall automatically renew your subscription to the relevant RSI Service on the relevant renewal date and charge the valid credit card number or other payment method which you have provided. The amount charged upon each renewal shall be the then-current subscription fee for the relevant RSI Service, excluding any promotional and discount pricing.
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.
VII. Merchandize
|
|
The following terms and conditions will apply to any physical merchandize (e.g. T-shirts, notepads, physical ship models, etc.) and event tickets (collectively, “Merchandize”) that 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 you will be charged for the purchase price of such Merchandise at which point we will have agreed to enter into a contract with you for the sale 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 ship the Merchandise to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from your order. Title and risk in respect of the Merchandise you have ordered will pass from us to you once the Merchandise is 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 payable on the Merchandise you have ordered.
If you wish to cancel your order you may do so up to fourteen (14 ) days from the date on which you receive the relevant Merchandize you have ordered (“Cooling-Off Period”). The easiest way to do so is to complete and submit to us our support request form which can be found here. If you cancel your order during the applicable Cooling-Off Period and, subject to the prior return by you of any such received Merchandise to RSI, we will without undue delay, and in any event within 14 from the date on which we receive notice of your decision to cancel your order, fully refund to you the purchase price of the Merchandise you have ordered and, if applicable, any delivery costs paid by you for your Merchandise (provided that in no event will we reimburse you for any supplementary costs which you have incurred as a result of opting for a type of delivery other than the least expense type on offer). We will refund you using the same means of payment as you used to make your order unless you and we expressly agree otherwise.
If you have received your Merchandise and cancel your order within the applicable Cooling-Off Period, you must return your Merchandise to us without undue delay, and in any event within 14 days from the date on which you notified us that you wished to cancel your order. You shall be responsible for the costs of returning your Merchandise to us. You may also be liable for any diminished value of the Merchandise which has resulted from your handling of the Merchandise (other than that which has arisen as a result of any handling of the Merchandise that was necessary to establish the nature, characteristics and functionality of the Merchandise).
VIII. Charges, Billing & Payment
|
|
A. Payment Methods
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 and your country or economic region.
You must provide current, complete, and accurate payment information for any pledge or purchase on your RSI Account. When you provide credit card or other payment information to RSI (respectively its payment providers), you represent to RSI that you are the authorized user of the credit card or other payment method. You must promptly update all information with the relevant payment provider to keep your payment information current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
RSI does not receive any confidential payment data from its payment providers, and RSI is not responsible for their performance. 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 support@cloudimperiumgames.com.
Depending on the payment method chosen you may incur additional processing fees, 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 its payment providers at any time.
B. Your Responsibility as RSI Account Holder
As the RSI Account Holder, you are responsible for all charges incurred on your RSI Account, including applicable taxes, and all purchases made by you or Your Authorized Users (see Sec. II). This means that, unless your RSI Account or payment information is obtained unlawfully or fraudulently by someone other than Your Authorized Users, you will be responsible for all usage and purchases on your RSI Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations (including FinCEN) any refunds, e.g. for reversals during the 14-day statutory Cancellation Period, may only be made to the same payment method (credit card, Paypal, bank account, or other), from which the payment was received. In no event can any such refund exceed the amount of actual payments received from you on your RSI Account. No refunds can be made for the value of any Pledge Item(s) or Merchandise already delivered, the value of expired subscription periods or the value associated with any Pledges Items gifted or transferred by you to other RSI Account(s) or received on your RSI Account from other RSI Account(s). Any taxes paid, such as VAT, are not refundable beyond thirty (30) days after the purchase.
C. Electronic Invoicing
You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your RSI Account. You acknowledge that such electronic invoicing is not unsolicited commercial email and that these invoices require no subscription to any mailing list for receipt by you.
D. Changes to Pricing or Fees
We reserve the right to change our prices and fees 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.
IX. Virtual Goods
|
|
Virtual goods are game elements such as ships, weapons, characters, or can include attributes (such as “reputation” or “citizenship”), or entitlement 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.” In compliance with applicable FinCEN regulation, gifting is limited to a daily maximum of Virtual Goods up to a value of $1000 or less.
YOU AGREE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST RSI, ITS PARENT COMPANY, DIVISIONS, SUBSIDIARIES, AFFILIATES, OR ANY EMPLOYEES OF ANY OF ABOVE, WHICH IS RELATED TO OR BASED ON, INCLUDING BUT NOT LIMITED TO; (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL GOODS IN THE GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF RSI DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT) WITH A REASONABLE CAUSE AT RSI’S SOLE DESCRETION, (III) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF RSI DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TOS, THE EULA, RSI’S PRIVACY POLICY, OR ANY OTHER RSI TERMS, FOR ANY MALFUNCTIONS AND/OR “BUGS” IN RSI SERVICES, (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT RSI HAS MADE OR WILL MAKE.
RSI permits the Virtual Goods associated with a Pledge Item to be transferred via gift to another RSI Account, and the transfer is complete once the receiving RSI Account has accepted it. The sending RSI Account is not deemed to have received anything in return for the gift. To prevent fraud and abuse, each Virtual Goods may be gifted only once and thereafter is no longer eligible for gifting. Virtual Goods acquired in whole or in part through the use of store credit or in-game credit or assets are ineligible for gifting in any case. Newly created RSI Accounts are not permitted to gift away Virtual Goods for a period of 30 calendar days. Pledge Items associated with over $1000 USD are subject to financial regulations and may not be gifted. The RSI Services and the gifting functionality are not provided to facilitate or enable third-party trades and you are not entitled to any refunds or support by RSI or any of its affiliates in the event that you have an issue with any trade involving a third party.
X. Privacy & Data Collection
Your privacy is important to us. Please read the Privacy Policy carefully for information relating to RSI’s collection and use of personal information. You can find RSI’s Privacy Policy at www.robertsspaceindustries.com/privacy.
XI. 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 through their web sites, or otherwise. Third party web sites, and services or products offered on those 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 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.
XII. 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 or other RSI Services. 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 TOS 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 without RSI’s express written consent. RSI reserves all rights in RSI owned and licensed RSI Content that are not expressly granted to you in these TOS. 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 RSI Account after notice of breach, which will prohibit you from using any of the RSI Services. Further civil or criminal legal action may be brought against you by RSI and/or RSI’s third party licensors 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.
D. Personal and Fansite Use
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 your 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.
You agree to clearly indicate that your use of Fansite Content and/or RSI Marks does not constitute official RSI use by displaying wording such as “This is an unofficial Fansite.”
Except as set forth herein, 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, RSI, or any of its affiliates, partners, or contractors, and their respective 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 Content, 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 (except in regards to game streaming as set forth below), 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.
E. Video Use (incl. Gameplay Streaming)
In addition to the provisions of Section D above, the following shall apply to the use of RSI Content in videos and gameplay streaming:
We encourage you to make videos using RSI Content, such as playthrough or instruction videos or SFM movies. You may publish these videos online only, e.g. via your website or YouTube or similar video sharing services.
Your use of RSI Content in videos or streaming must be non-commercial. You may not charge users to view or access your videos, e.g. a paywall or mandatory charge, ticket, or subscription. You also may not sell or license videos containing RSI Content to others for a payment or compensation of any kind, and must respect the intellectual property rights of all respective owners. Nonetheless, you may allow paid advertisement on your streaming channels in accordance with the terms of service or agreement you may have with the video or streaming providers.
F. 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 TOS. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
G. License Grants by You in UGC
In exchange for RSI enabling you to contribute UGC or use RSI Fansite Content or RSI Marks (both as defined above in Section D above) 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 hereby 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, then you hereby 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.
H. Unsolicited Creative Submissions
RSI places a particular value on its interaction with its customers and fans, and the Star Citizen community. However, if you haven’t executed an RSI submission agreement in advance, neither RSI nor any of its employees 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 support@cloudimperiumgames.com to obtain a copy of the RSI submission agreement, which you will need to execute and return before submitting any Unsolicited Ideas.
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 as granted to RSI hereunder 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.
XIII. 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 decline to be interviewed and do not participate in the RSI Events.
XIV. Competitions
The RSI Contest Rules located here, unless otherwise indicated by RSI or its representatives via the RSI Services or formal RSI communications, apply to all contests held by RSI or its affiliates in which winners may receive rewards.
XV. Special Terms: Pre-Release Testing
|
|
In its sole discretion, RSI may contact you, or invite you via a website posting as part of a wider testing and bug reporting program, to review and evaluate the alpha versions of the Game, aspects or modules of the Game, or online features (hereafter “Alpha Versions”) 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 Alpha Versions. This process is referred to herein as a “Alpha Test.” If it is a closed Alpha Test, RSI may ask you to enter into an alpha version software confidentiality agreement (“*Tester Confidentiality Agreement*”) BEFORE you will be allowed to be a tester (“*Tester*”) and BEFORE any Alpha Version will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Tester Confidentiality Agreement, in addition to the following terms and conditions which apply to all Alpha Tests.
In connection with the Alpha Test, RSI may provide you, on a temporary basis, Alpha Versions, as well as confidential and proprietary information (collectively, “Alpha Materials”). You understand and agree that the Alpha Materials are confidential or proprietary information of RSI. You agree as a condition of participating in an Alpha Test to (i) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Alpha Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Alpha Materials, and (iii) if applicable, fully comply with the terms and conditions of the Tester Confidentiality Agreement.
You agree to carry out the testing personally and not provide access to Alpha Materials to any other person. You agree that a 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 Alpha Materials confidential will continue until RSI publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Alpha Materials that you are testing.
Upon request, you agree to immediately return to RSI all copies of the Alpha Material which RSI provided to you and delete any copies that may remain on any media or storage within your custody or control.
As a Tester, you are invited to play Alpha Versions for the sole purpose of evaluating the Alpha Versions and identifying errors. Nothing in these TOS or any other RSI Terms shall be construed as granting you any rights or privileges of any kind with respect to the Alpha Versions or other related RSI Content.
THE ALPHA VERSIONS 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 Alpha Versions, 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 Alpha Version 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 Alpha Version, you agree that: (i) playing Alpha Versions is at your own risk and you know that the Alpha Versions 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 Alpha Versions 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 Alpha Versions once the Alpha Test process is complete or at any time in the future; (v) these TOS apply to your use of the Alpha Versions during the Alpha Test, and (vi) if it is a closed Alpha Test, you will keep all information about the Alpha Materials confidential as stated above and not disclose such information to any other person. Alpha Test accounts are non-transferable under any circumstances.
XVI. 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, VIRTUAL GOODS, 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 IX ABOVE.
XVII. Termination of RSI Services and Accounts
RSI may immediately suspend or terminate your RSI Account(s) (and access to all related entitlements) or any subscription for an RSI Service after notifying you of your breach of these TOS, or any illegal or improper use of any of your RSI Account(s), or your illegal or improper use of the RSI Services, products, or RSI’s Content. You will lose your user names and personas as a result of your RSI 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 request permission to participate in an RSI Service after such termination, contact us at support@cloudimperiumgames.com. You may not allow individuals whose RSI Accounts have been terminated by RSI to use your RSI Account.
If your RSI Account, or a particular subscription for an RSI Service associated with your RSI 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 RSI Account (or to any related entitlements associated with your RSI Account or the particular RSI Service).
In addition, RSI reserves the right to terminate any RSI Account for its reasonable business interests and in such case RSI will issue a refund.
XVIII. Cancellation of your Account
You have the right to cancel your RSI Account at any time. To do so, please contact support@cloudimperiumgames.com.
After you have cancelled your RSI Account, RSI may delete all your RSI 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 RSI Account (or to any related entitlements associated with your RSI Account or the particular RSI Service).
RSI reserves the right to collect fees, surcharges or costs incurred before you cancel your RSI 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 RSI Account.
XIX. Limitations on Warranty and Liability
|
|
NOTHING IN THESE TOS 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 TOS, 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.
XX. Indemnification
|
|
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 TOS, 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 subject to indemnification by you.
XXI. Disputes & Binding Arbitration
|
|
A. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these TOS 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, 12322 Exposition Blvd., Los Angeles, CA 90064, Attn: Legal Department with a copy via email to legal_notices@cloudimperiumgames.com.
B. 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 TOS 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.
C. 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.
D. Location
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.
E. Equitable Remedies
You hereby acknowledge and agree that RSI would suffer irreparable harm if these TOS 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 TOS 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 TOS 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.
XXII. Contacting Us
If you would like to contact us or make a complaint about any of the RSI Services, please contact us by mail at the foregoing address or via email: support@cloudimperiumgames.com.
XXIII. Miscellaneous Terms
|
|
Third Parties. You agree that neither these TOS 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 TOS and the RSI Affiliates.
Severability. If any provision in these TOS is held invalid or unenforceable the remaining provisions of these EULA shall remain in full force and effect. If any provision in these TOS 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 TOS will not constitute a waiver of such right or provision. Any waiver of any provision of these TOS will be effective only if in 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 TOS, 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 TOS, 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 TOS, your conduct may also be subject to other local, state, national, and international laws.
Entire Agreement. The RSI Terms constitute the entire agreement between you and RSI relating to your rights and obligations in the use of RSI Services. If there is any conflict between these TOS, any applicable EULA, the Privacy Policy, and any other rules or instructions posted on any of the RSI Services, RSI shall resolve the conflict in its sole discretion.
You hereby acknowledge that you have read and understand these TOS and that you agree to be bound by these TOS.
