End User License Agreement
Last updated on February 14, 2019
ATTENTION: THIS AGREEMENT IS SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 16, IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. If you are a European Union resident or are using the Software, the Game and/or the Online Services within the EEA, some or all parts of Section 16 do not apply to you.
Thank you for your interest in the Rival Rebels Game, please read the following End User License Agreement (“EULA”) carefully before installing the software. This EULA, including any future revisions, is a legal agreement (the “Agreement”) between you (“you” or “your”) and Atlas Dostal DBA Rival Rebels Studios, a California Company (“Rival Rebels”, “we”, “us”, or “our”), in order to give you: (i) a license to download, install and use an interactive, client-side and online-only, multiplayer entertainment app or software and any accompanying resource files, materials, updates, patches and/or upgrades (collectively, the “Software”) in conjunction with your registered Rival Rebels’ user account (“User Account”); (ii) the right to access and use our websites, located at https://rivalrebels.com/ and https://rgiant.com/, including but not limited to any functionality, content, feature, merchandise, and services offered on or through the websites (together, the “Website”); (iii) the right to access other interactive features, including but not limited to chat, forums, ranks, units, user profiles and third party servers (collectively, the “Online Services”), along with the Rival Rebels game elements and content, including without limitation, concepts, features, in-game currencies, characters, scenes, artwork, audio visual effects, sounds, related music, names, virtual items, functionality, and services associated therewith (collectively, the “Game”); (iv) and the right to append certain virtual items, including but not limited to: blueprints, vehicles, wearables, lodgings, weapons, paints, materials, robots and in-game currency (collectively, “Perks”) in connection with the Game using your associated User Account; as set forth in this Agreement, and under the conditions in this Agreement.
If you are under eighteen (18) years of age, your parent or legal guardian must read and accept this Agreement on your behalf. Your acceptance of this Agreement and use of the Software indicates that you have received the specific permission of your parent or legal guardian. For more details about Sufficient Age, you can review our User Account registration policy below in Section 7.b.
If you have any questions regarding this Agreement, please contact us at email@example.com.
1. License Grant
Subject to your compliance with the terms and conditions of the Agreement, and your payment of the applicable fees, if any, and subject to the “License Limitations,” set forth in Section 2. below, Rival Rebels grants you a limited, personal, revocable, non-sublicensable, non-transferable, and non-exclusive right and license, along with the related documentation, to download, install and use one (1) copy of the Software, with the sole purpose of accessing the Online Services in order to play the Rival Rebels Game using only one (1) registered User Account, on one (1) or more of your devices’ operating system (“OS”), and associated hardware, such as: computer or supported platform (collectively, together with the OS, “User Device”) under your legitimate control and for your personal non-commercial use (the “License”).
Rival Rebels’ Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Rival Rebels’ Software, Perks, Online Services, Game or any copies of such Software and its materials (including Rival Rebels licensor’s materials) and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. The License becomes effective on the date you accept this Agreement.
2. License Limitations
The terms set forth in this Section 2 will constitute conditions to the license granted in Section 1. Any and all rights not expressly granted by Rival Rebels and its licensors herein are reserved, and no license, permission or right of access or use not granted expressly herein will be implied. The Software contains certain licensed materials and Rival Rebels’ licensors may also protect their rights in the event of any violation of this Agreement. Rival Rebels may suspend or terminate your License to use the Software, the Game, the Online Services, and/or impose limits or restrict your access to the whole or its individual parts, materials, components, related services and/or single features thereof, if you violate, or assist others in violating, the License limitations set forth below. You hereby acknowledge and agree that you will not under any circumstances:
1- Copy, reproduce, modify, decompile, derive source code, reverse engineer, use to create derivative works from, upload, republish, post, publicly display, frame, encode, translate, sell, rent, lease, license, transmit or distribute by any means in whole or in part (including by email, “mirroring” or other electronic means), to any other computer, server, device, website, network or other medium for publication or distribution or exploit for any commercial enterprise or purposes, any Content, materials, elements or parts of the Software, Game and/or Online Services, without Rival Rebels’ express prior written consent.
2- Intercept, emulate, redirect, data mining, create data or executable programs that mimic data or Game functionality, upload or download for any purpose other than playing the Software and, in accordance to this EULA, any data, server transmission, packet, communication, communication protocol, information or component of the Software, the Game and/or the Online Services including Third-Party Service Providers and third party servers.
3- Use the Software on more than one device at a time; create, develop, distribute, or use any unauthorized software programs or modifications to gain an advantage in the Game, the Software or the Online Services including Third-Party Service Providers and third party servers.
4- Breach, break or violate Rival Rebels Privacy Policies including without limitation the rights of other players, Rival Rebels staff members, third parties, and Rival Rebels licensors (including Third-Party Service Providers). You will not defame, abuse, harass, stalk, threaten, reveal personal information or otherwise violate the legal rights (such as rights of privacy and publicity) of others or of Rival Rebels’ staff.
5- Breach, break or violate Rival Rebels TOS and the Rules of Online Conduct described therein and herein, including without limitation by engaging in or participating in flame wars, bullying, game sabotage, “FOG” (Fear, Obligation, Guilt tactics, such as emotional blackmailing), game abandonment, or use of rude, racial, profane, or hateful language or hateful symbols, in your chat, posts, usernames, user generated content, uploaded imagery, or embedded media, even if it is censored out.
6- Use the Software, Game or Online Services to violate any applicable, local law, international law, or regulation.
7- Remove, obscure, or alter any copyright, trademarks, logos, symbols or Intellectual Property notices that may appear on materials or be contained in Rival Rebels Software, Online Services or Game Content.
4. Rival Rebels Game
We offer a multi-player online game service to registered users, along with other interactive features, including but not limited to chat, forum, your user profile, and the ability to purchase any licenses, merchandise, or services offered by us. In order to access any interactive features of the Online Services, you need to register a User Account. When you purchase any Game Edition License or Perks License through the Online Services store, Rival Rebels will generate an authorization code and automatically assign it to your User Account in order to enable access. For more details, you can review the User Account registration policy in Section 7 below. Please be aware and acknowledge that any software available through the Online Services is licensed, not sold to you.
b. Funder Editions
If you wish to participate in the Alpha/Beta early funding program (also known as early access, alpha-access, paid-alpha or beta), a License to access certain unfinished Content and unfinished features of the Game, including but not limited to pre-release versions, scenes, patches and services (collectively, “Funder Editions”), may be available for sale through the Online Services. Your purchase of any Funder Editions License and your voluntary participation will typically help us debug the game, provide us with feedback, and reward you with early access to special Content, while providing essential funding to the development of the Game. Accordingly, you acknowledge and agree that the Funder Editions unfinished features are experimental, have not been fully tested, may still have errors, may have interrupted access, and may not meet your requirements. Furthermore, please be aware and acknowledge that no in-game progress, such as gaining abilities, skills, credits, ranks, status indicators, or reputation, will be made in the Funder’s Test Areas, or (if any progress is made), they may be reset back to the original levels before accessing the Funders’ Test Areas. Under our sole discretion we reserve the right to change, modify, alter, or eliminate, features, Perks or certain elements or Content, from the Funder Editions and from Funder’s Test Areas or revoke access to all or certain users (including you) to all or certain features, elements or Content from the Funder’s Test Area.
Please be aware and acknowledge that to enable Perks your User Account must be already associated with a Game License. You acknowledge and agree that certain Perks will be bound to your User Account and can’t be traded, bartered, transferred or sold to other players. Furthermore, other Perks are consumable and may be spent, sold, reacquired, salvaged or lost by players, including you, during the course of gameplay. Consequently, Perks are forfeit of purchase refunds due to the personal or consumable nature of such digital items. For more details, you can review our Perks Returns Policy in Section 10.e.2 below.
We may offer certain promo codes or promotional coupons that may be redeemed at your shopping cart’s “apply coupon” form, for a financial discount or rebate when purchasing a product (“Coupon”). In that case, Rival Rebels may accept and honor Coupons that: (i) we provided to you on our Website; (ii) we provided to you through email communication; (iii) you acquired only from third parties that are listed on our Website as “Authorized Promoters” regarding sweepstakes or promotional campaigns; (iv) you received from participant members of our Referral Program. In all cases, we reserve the right to deny or revoke any invalid Coupon or already redeemed Coupon obtained through a promotion or by any other means in the event that we determine or believe that the Coupon code was obtained because of an error, through fraud, illegally, or in violation of the EULA, the TOS, or other applicable terms. To learn more about our Orders and Payments practices, please review Section 10 found below and in the TOS.
e. Referral Program Coupons
We may offer promotions to certain users at our sole discretion. These promotions, unless made available to you in your User Account, will have no bearing whatsoever on your compliance with the EULA, the TOS or relationship with us. In that case, if you wish to participate, you may get a reward in the form of referral points (“R-Points”) for every new customer that submits your User Account’s unique “Referral Coupons” while purchasing a Game License (“Referral Program”). The intent of this program is to reward and incentivize word-of-mouth promotion of the Game. Your voluntary participation in the Referral Program may give you the opportunity to earn enough R-Points to obtain a Game License, or if you already own one, to upgrade your edition, or to obtain certain Perks. You’re encouraged to share your Referral Coupons with friends and family and through social media outlets. However, you hereby acknowledge and agree that you will not under any circumstances: (i) engage in spamming tactics using your or any Referral Coupons in any social media (all forms of spamming are strictly forbidden); (ii) include Rival Rebels’ trademarks, without permission; (iii) engage in activity that may be regarded as misleading to Rival Rebels’ customers; (iv) try to redeem or redeem your User Account’s unique Referral Coupons on your own User Account; (v) try to sell or sell, trade, or barter your User Account’s unique Referral Coupons. Accordingly, you acknowledge and agree that: (a) Rival Rebels Referral Coupons are for promotional purposes and must be given free of charge; (b) Rival Rebels R-Points have no monetary value and will never be redeemable for any sum of money from us, you, or any third party at any time; (c) referrals must be a customer who has never had a Rival Rebels User Account before; (d) Referral Coupons cannot be redeemed in conjunction with other discounts or Coupons; (e) Referral Coupons may expire; (f) Referral Coupons can only be used once. Your participation in the Referral Program must be approved at our sole discretion and is subject to the Termination Policy in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as: (1) attempts to gain R-Points through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts; (2) attempts to gain R-Points by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming; (3) attempts to gain R-Points by purchasing and returning licenses, or any type of store return fraud scheme. We reserve the right to review, deny or revoke any gained R-Points, redeemed Game License or Perks License obtained through a promotion or any other means in the event that we determine or believe that any R-Points and/or License were obtained because of an error, through fraud, illegally, or in violation of the EULA, the TOS or other applicable terms. We reserve the right to suspend our referral program at any time. If we disassociate your Referral Coupons from your User Account, you will not receive R-Points for new people completing their first purchases using the Referral Coupons with us anymore.
f. Moderation Units
Certain aspects of the Online Services including but not limited to the Game may allow you to participate in the VOLUNTARY in-game moderation, bullying and toxic behavior watch, and player helping and guiding program (collectively, “Community Moderation”). For that purpose we organize these Community Moderation activities in different units, such as the Outpost Police “OP”, Intel Corps “IC”, and Forum Moderators “FM” (collectively, “Units”), to perform in-game role playing tasks, including but not limited to shifts, work, patrols, arrests, rewards, awards, wages, raids, compensation, training and other fictional activities (collectively, “Duties”), in accordance with the applicable Game’s rules such us the Virtual Currency and Trade, which may vary from time to time. You understand and agree that regardless of the terminology used, the Game Units and Duties represent a limited, personal, revocable, non-sublicensable, and non-exclusive license right governed solely by the EULA, the TOS and are available for distribution at our sole discretion. Rival Rebels Game Units and Duties have no monetary compensation or value and will never be redeemable for any sum of money from us, you, or any third party at any time. Your participation in the Community Moderation Program must be approved at our sole discretion and is subject to the Termination Policy in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program. We reserve the right to suspend the Community Moderation Program at any time for any reason or no reason. For more details see the TOS at https://rivalrebels.com/.
g. In-Game Currencies & Trade
Certain aspects of the Online Services including but not limited to the Game may deliver and/or allow you to obtain certain in-game credits (“Credits”), reputation points (“Rep”) or status indicators, such as ranks, unit badges, and/or other fictional property representing virtual coins or achievements (collectively, “Game Currencies”). Furthermore, any in-game role playing or virtual gains, including but not limited to trade, rewards, awards, barter, wages, compensation, prizes, loot, exchanges, sales, treasures or moneys (collectively, “Trade”), are fictional activities in accordance with the applicable Game’s rules for Virtual Currency and Trade, which may vary from time to time. You understand and agree that regardless of the terminology used, the Game Currencies and Trade represent a limited, personal, revocable, non-sublicensable, and non-exclusive license right governed solely by the EULA, the TOS, and are available for distribution at our sole discretion. Rival Rebels Game Currencies and Trade have no monetary value and will never be redeemable for any sum of money from us, you, or any third party at any time.
h. Glitch Reports
i. Game Warnings
a. Photosensitive Epilepsy Seizures
Immediately stop playing the Game and consult a doctor if you experience any shaking of arms or legs, altered vision, lightheadedness, eye or face twitching, disorientation, confusion, or momentary loss of awareness. Flashing lights may trigger seizures in some people. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. Do not play video games in a dark room or if you are exhausted. If you or anyone in your family has an epileptic condition, consult your doctor prior to playing the Game.
b. Personal Safety
Don’t let the use of the Online Services distract you from observing traffic laws and personal safety, including but not limited to healthy habits, family and social interaction, education, work schedules and/or other duties. The structure of the Game and the Online Services does not require your constant attention or activity. Your progress (if any) will remain as you left it, for the next time you access your User Account.
c. Gore & Violence
We refrain from using explicit gore, blood, explicit violence or strong language in the Game. Content is generally suitable for ages 13 and up. The Game may contain violence, sci-fi war, simulated death, weapons of mass destruction, social conflict, fantasy, and crude humor.
5. Rules of Online Conduct
By registering to Rival Rebels you agree to follow these rules:
- Respect others, no flame wars, no bullying, and refrain from using rude, racial, profane or hateful language in your chat, posts, usernames, uploaded imagery, user generated content (“UGC”) or embedded media, even if it is censored out.
- You will not defame, abuse, harass, stalk, threaten, reveal personal information or otherwise violate the legal rights (such as rights of privacy and publicity) of others or of Rival Rebels’ staff.
- We do not tolerate “FOG” (Fear, Obligation, Guilt tactics) or emotional blackmailing in this community.
- You will not engage in activity that is false or misleading or that is harmful to you, others (including children), Rival Rebels, Rival Rebels’ work, or Rival Rebels partners (e.g., transmitting viruses, communicating hate speech, “trolling”, or advocating violence against others).
- You will not flood the chat or chat rooms with messages (spamming), be it in text or VoIP (voice over IP) , or engage or participate in any game sabotage.
- Your USERNAME, DISPLAY NAME, IMAGES and UGC will NOT include:
- Racial, profane, vulgar, obscene, sexist, defamatory, discriminatory or hateful words or words which are otherwise objectionable.
- Names of existing war criminals, murderers, rapists, or terrorist organizations.
- Words related to “FOG” (Fear, Obligation, Guilt tactics) or emotional blackmailing.
- Names of illegal drugs, controlled substances, narcotics, or criminal activity words.
- Another person’s name, with the intent to impersonate that person.
- Names subject to the rights or trademarks of any other person or entity without authorization.
- Names of deities, religious figures, cults or religious leaders.
- World leaders, presidents, celebrity or media personalities names.
- Names that circumvent (or attempt to circumvent) these rules by using partial sentences, incomplete words, misspellings, alternative spellings or leet (leet speak, replacing vowels with numbers).
- You will not generate, publish, post, upload, distribute or disseminate any inappropriate content, profane, defamatory, infringing, obscene, indecent, hateful or unlawful topic, material or information (Including gang, cult or terrorist organization’s recruitment propaganda or material for the advocation of violence).
- If you encounter content, or a user, that you believe violates these rules, please report it to us using the “Report Abuse” link.
- You will not harvest or otherwise collect information about others, including e-mail addresses without their consent, (including reverse look-up, trace or seek to trace any information on any other visitor or user of the Online Services).
- You will not share your User Account, nor grant access to your User Account to anyone else, or access anyone else’s account, even with their permission.
- You will not use anyone else’s User Account at any time. You may not purchase, sell, gift or trade any User Account, or offer to purchase, sell, gift, or trade any User Account.
- You will not create false identities or secondary User Accounts to mislead others or to exploit the game or the Online Services features and or functionality.
- You will not gain (or attempt to gain) unauthorized access to the Online Services, data, User Account or connected network by any means, nor will you probe, scan or test the vulnerability in the security or authentication measures of the Online Services.
- You will not publish, post, upload, distribute or disseminate any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- You will not institute attacks upon Rival Rebels servers or otherwise disrupt Rival Rebels Game or Websites, nor restrict or inhibit any other user from using and enjoying Rival Rebels Online Services, Software or other content.
- You will not upload corrupted files, or files that contain viruses, spyware, malware, trojan horses, worms, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- You will not make inappropriate use of the Game help service or the flag buttons or send untruthful reports to members of Rival Rebels Units.
- You will not exploit bugs or glitches in the Rival Rebels game or Online Services. (If you find a bug or a glitch, let us know about it instead of using the exploit for your own benefit).
- You will not use Cheats or Hacks, including third party programs, client-side hacks, scripts, automation software (bots), macros, edited game files or anything else that may give you an unfair advantage in the game or any content or services.
- You will not create Cheats or assist third parties in any way to create or use Cheats. This includes promoting or posting links to websites that provide or promote Cheats or Hacks. If you encounter any of these sites or links, please report it to us using the “Report Abuse” link.
- You will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats.
- You will not upload, use or otherwise make available via Rival Rebels, files that contain images, photographs, patents, trade secrets, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) of any party unless you own or control the rights thereto or have received all necessary consents to do the same.
- You may not download any file posted by another user of the Chat or Forum that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- You will not buy, or sell any Rival Rebels Game Currencies and/or game-related items for real-world money, nor will you use Rival Rebels to buy or sell goods or services for any business purpose. This includes advertising, promoting, or posting links to websites that buy or sell any Rival Rebels Game Currencies and/or game-related items for real-world money.
- You will not use Rival Rebels in connection with surveys, contests, pyramid schemes, chain letters, junk email, advertising, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Rival Rebels has no obligation to monitor the Forums post or Chat messages. However, we reserve the right to review any materials submitted to the Rival Rebels Chat or posted to the Rival Rebels Forums and to remove any materials at our sole discretion.
- Your failure to comply with the Rules of Online Conduct in this Section 5 constitutes a material breach of the TOS and may result in our taking all or any of the following actions, in addition to any other remedies that may be available to us: (i) issue of a warning to you; (ii) mute, suspend, block, or terminate your access to the User Account and/or to the Online Services; (iii) initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (iv) disclose such information to law enforcement authorities as Rival Rebels reasonably believes is required or appropriate.
- These rules are not final, we reserve the right to suspend, mute, block or terminate disruptive users’ access, including you, to our Online Services (including Software) at any time with or without prior notice, as described in the EULA and the TOS Termination Policy, even if their behavior doesn’t fall under any of the above rules directly.
Rival Rebels Rules of Online Conduct may be revised periodically to reflect changes. We will date the current rules revision at the top of this page to indicate when these rules were last updated. Please feel free to review Rival Rebels Rules of Online Conduct, the EULA, and the TOS every time you access or use our Online Services or the Game to make sure that you have reviewed the most recent version.
6. Ownership & Intellectual Property
7. User Account & Service Access
Account registration is not required to view certain content, however, if you choose to sign up for a Rival Rebels User Account you agree to the following:
You certify: (i) that you are legally permitted to access the Online Services; (ii) that you are a “natural person” (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not use or register a User Account); (iii) that you are not an individual specifically prohibited by Rival Rebels to use or register a User Account; and (iv) that you are not a person barred from using the Online Service under the laws of the United States or any other applicable jurisdiction.
b. Sufficient Age
d. User Account Security
You will not use anyone else’s User Account at any time. You will not purchase, sell, gift or trade any User Account, or offer to purchase, sell, gift, or trade any User Account, and any such attempt will be null and void and may result in the forfeiture of the User Account. You are entirely responsible for any and all activities that occur under your User Account. You agree to notify Rival Rebels immediately of any unauthorized use of your User Account or any other breach of security. IN THE MANNER PERMITTED BY APPLICABLE LAW, RIVAL REBELS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES INCURRED BY RIVAL REBELS OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR USER ACCOUNT OR PASSWORD.
e. Service Performance
To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and internet access (which you acknowledge plays a crucial role in your user experience). You acknowledge and agree that we are not responsible for any hardware, software or internet access, quality, suitability or unavailability issues. We do not provide internet access, and you are responsible for all fees relating to telephone and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Online Services. To the extent that any such charges for internet or data usage are applicable, you agree to be solely responsible for those charges. You are also responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, or gain access to, or otherwise use the Online Services, including, without limitation, broadband, cable, modems, hardware, software, data, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Online Services. IN THE MANNER PERMITTED BY APPLICABLE LAW, WE WILL NOT BE IN DEFAULT OR BE LIABLE FOR ANY DELAY, FAILURE IN PERFORMANCE, COMPATIBILITY OR INTERRUPTION OF SERVICE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.
f. Closing your User Account
g. Force Majeure
Rival Rebels will be free of liability to you where we are prevented from executing obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, flood, fire, storm, typhoon, tsunami, supernova or other natural disaster, riot, rebellion, insurrection, boycott, sabotage, disruption of the public markets, war or armed conflict (officially declared or not), terrorism, cyberattack, delay of a common carrier, power failure or any other unforeseen and uncontrollable event where the we have taken any and all appropriate action to mitigate such an event.
h. Links to Other Sites
The Online Services may contain links to other independent third party websites that are not owned or controlled by Rival Rebels. ANY LINKS TO OTHER WEBSITES ARE PROVIDED AS A COURTESY. THEY ARE NOT INTENDED TO, NOR DO THEY IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY US OF THE LINKED SITE, MATERIALS OR ANY INFORMATION CONTAINED THEREIN. Please note that when you click on any of those links, you are entering another website for which we have no responsibility or control. We encourage you to read the terms and conditions and privacy policies of all linked sites, as they may materially differ from ours. YOU AGREE IN THE MANNER PERMITTED BY APPLICABLE LAW, THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM LINKED SITES OR OTHER INDEPENDENT THIRD PARTY WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, PHISHING PAGES, SCAM SITES AND OTHER DESTRUCTIVE ITEMS OR CODE. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS TO ENSURE THAT WHATEVER LINKED MATERIAL YOU SELECT IS FREE OF SUCH ITEMS, AND FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE ONLINE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. THEREFORE TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE PRESENCE OF SUCH LINKS ON THE ONLINE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIMITATION OF LIABILITY DESCRIBED ABOVE IN THIS SECTION 7 MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 7 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
8. Software Patches
We may provide resources files, scripts and/or document files (collectively “Patches”) that must be installed in your User Device in order for you to continue to use the Game. We may remotely push Patches to the Game without notifying you and you hereby consent to Rival Rebels applying Patches. You acknowledge and agree that your use of the Software, Game, Patches and/or Online Services does not grant you any interest, monetary or otherwise, in any aspect or feature of the Software, Game, Patches and/or Online Services, including but not limited to any related data, Perks, Game Currency or Content. You acknowledge and agree that any player customization, game progress, game customization or other data related to your use of the Game or Online Services may cease to be available to you at any time without notice from us, including without limitation after a Patch is applied by you or by Rival Rebels. We do not have any maintenance or support obligations with respect to the Software, Game or Online Services.
9. Unsolicited Idea Submissions & User Contributions Policy
We know that the Rival Rebels’ Community loves the Game as much as we do, and that they are creative and have ideas that they want to share with everybody. As much as we appreciate sharing ideas, Rival Rebels has a policy to not accept or consider any unsolicited ideas for the Online Services, Content, the Game, or Perks, including but not limited to, improvements, additions, features, products, artwork, technologies, names, advertising strategies, concepts, know-how, proposals, slogans, songs, jingles, etc. (collectively, “Submissions”). The reason behind this policy is to avoid the potential for future misunderstandings or disputes regarding intellectual property ownership. Thanks for understanding our need for this policy.
10. Orders, Billing & Returns
By placing an order, you are offering to purchase a License to access and use the Game, Perks or products that are subject to and specifically conditioned upon your acceptance of, and compliance with the TOS, the EULA, and any other applicable policies or agreements. All prices we show in our Online Services are subject to change without notice. All orders are subject to availability and confirmation of the order price. To purchase goods offered in the Online Services, you must represent that you are of sufficient legal age and possess a valid credit or debit card issued by a bank acceptable to us; you must register or already have registered a User Account and provide typical credit card information (name, address, credit card number, expiration date and security code), in accordance with Section 7 of the EULA and the TOS.
b. Rival Rebels Store
c. Third Party Service Providers
Rival Rebels may use third party service providers to assist in providing certain Online Services, including but not limited to Billing Providers and game server providers, with or without notice to you (each, a “Third-Party Service Provider”). Rival Rebels may also change Third-Party Service Providers or may itself provide Online Service without the assistance of such third-party. You hereby consent and authorize us to delegate the authorizations you provide to us to our Third-Party Service Provider(s) as Rival Rebels deems necessary or desirable to provide the applicable Online Service to you. You agree that the TOS, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into the TOS, inure to the benefit of such Third-Party Service Providers and such Third-Party Service Providers are deemed to be third party beneficiaries of the TOS, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into the TOS. You also agree that all references to us within the TOS and any incorporated terms are also deemed to include, where applicable, our agents, such as the Third-Party Service Providers.
d. Delivery Times
TO THE EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION 10; DISPATCH TIMES MAY VARY ACCORDING TO AVAILABILITY AND ARE SUBJECT TO ANY DELAYS RESULTING FROM NETWORK CONGESTION DELAYS, OR FORCE MAJEURE; RIVAL REBELS RETAINS THE RIGHT TO REFUSE ANY PURCHASE REQUEST MADE BY YOU; AND RIVAL REBELS ALSO HAS THE RIGHT TO TERMINATE YOUR USER ACCOUNT OR YOUR ACCESS TO ALL OR PART OF THE ONLINE SERVICES, WITHOUT LIMITATION, FOR ANY VIOLATION OF THE TOS.
e. Returns Policy
1. Game License Returns
2. NO Refunds on Perks
ALL PURCHASES OF CERTAIN ON-SALE ITEMS, OR PERKS LICENSE, SUCH AS VIRTUAL, CONSUMABLE OR TRADEDABLE IN-GAME ITEMS, INCLUDING BUT NOT LIMITED TO GAME CURRENCIES, VEHICLES, WEARABLE ITEMS, LODGINGS, WEAPONS, ARMOR, PAINT MATERIALS, SPRAYS, COMPANIONS, ETC., ARE FORFEIT, BECAUSE OF THE TEMPORARY OR CONSUMABLE NATURE OF THESE DIGITAL ITEMS AND YOU AGREE AND ACKNOWLEDGE, TO THE EXTENT PERMITTED BY LAW, THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS. (These virtual items are identified on the Online Services and during the ordering process as being non-returnable). Please agree and acknowledge: If you are a European Union resident or are using the Software within the EEA and download a Rival Rebels Perk directly from our Website, you agree to waive your cancellation and refund right once the download of the Perks app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the Perk software is complete.
3. Merchandise Returns
For returns of merchandize or any non-digital goods you will be responsible for shipping costs. In that case, If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase. To return your product, please contact us at firstname.lastname@example.org. To process your return, we require a receipt or proof of purchase (such as a screenshot or PDF file of your invoice), your username and your User Account’s email. Once your return request is received we will send you a notification email to instruct you on how to return your items. After your returned items are inspected we will notify you of the approval or rejection of your refund. If you are approved, your refund will be processed, hence a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days determined by the different bank entities involved. Some Billing Providers transaction fees or charges may apply, (such as currency conversion for international cards).
4. Delayed Refunds
If you haven’t received your approved refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Furthermore, contact your bank, there is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com. CERTAIN STATE LAWS (such as for customers residing in Germany or in the United Kingdom, or customers residing in Australia under the Australian Consumer Law (ACL) or customers residing in New Zealand under the New Zealand Consumer Guarantees act 1993) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATION OF LIABILITY DESCRIBED ABOVE IN THIS SECTION 10 MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 10 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. Termination Policy
12. Amendments to the Agreement
13. Prohibited Uses
You will use the Software, the Online Services and the Game only for lawful purposes and in accordance with the EULA, and the TOS. You will not use the Software, the Online Services or the Game in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). You acknowledge and agree that the Software is subject to the export control laws and regulations of the United States. Under these laws, you represent that you as an individual are not named on any U.S. government denied-party list and not located in an embargoed countries (Cuba, Iran, North Korea, Sudan and Syria) the Software may not be sold, leased or transferred to, restricted end-users, or for restricted end-uses.
14. U.S. Government End Users
This Software and Documentation are “commercial items,” as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 27.7202-4, as applicable, all U.S. government end users acquire the software and documentation with only those rights set forth herein.
15. Warranties, Indemnification & Limitation of Liability
a. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, RIVAL REBELS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND/OR ELECTRONIC COMMUNICATIONS SENT FROM OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RIVAL REBELS ONLINE SERVICES (INCLUDING THIRD-PARTY SERVICE PROVIDERS), ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN THE MANNER PERMITTED BY APPLICABLE LAW, RIVAL REBELS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RIVAL REBELS ONLINE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RIVAL REBELS ONLINE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE ONLINE SERVICES (INCLUDING SOFTWARE) ARE PROVIDED BY RIVAL REBELS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RIVAL REBELS ONLINE SERVICES (INCLUDING SOFTWARE) IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) HARMLESS FROM AND AGAINST ANY CLAIMS, JUDGMENTS, AWARDS, LIABILITIES, PROCEEDINGS, DISPUTES, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES INCLUDING WITHOUT LIMITATION REASONABLE LEGAL, ATTORNEYS’, EXPERT, AND ACCOUNTING FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) YOUR ACCESS TO OR USE OR MISUSE OF THE ONLINE SERVICE (INCLUDING SOFTWARE) OR OF ANY OTHER PERSON ACCESSING THE SITE USING YOUR USER ACCOUNT; (ii) YOUR VIOLATION OF THE TOS THE EULA OR OF ANY OTHER PERSON ACCESSING THE SITE USING YOUR USER ACCOUNT, INCLUDING BUT NOT LIMITED TO A CLAIM ARISING OUT OF A BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE HEREIN; (iii) YOUR PRODUCED CONTRIBUTIONS CAUSED DAMAGE TO A THIRD PARTY OR THE COLLECTIVE CONTENT; (iv) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; AND (v) YOUR INTERACTION WITH ANY USER.
c. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH RIVAL REBELS IS TO UNINSTALL ALL RIVAL REBELS SOFTWARE AND TO STOP USING THE ONLINE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY LAW, RIVAL REBELS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF RIVAL REBELS OR ITS THIRD-PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ONLINE SERVICE (INCLUDING SOFTWARE); (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) ANY CONDUCT, CONTRIBUTION OR CONTENT OF ANY THIRD PARTY ON THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE ONLINE SERVICE; (v) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ONLINE SERVICES; AND (vi) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RIVAL REBELS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, TO THE EXTENT PERMITTED BY LAW, RIVAL REBELS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR THE ONLINE SERVICES ARE ERROR-FREE AND IN NO EVENT WILL RIVAL REBELS’ AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO RIVAL REBELS DURING THE THIRTY (30) DAYS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RIVAL REBELS AND YOU. Regardless of whether such limitation or other limitation of liability set forth in the Agreement, and the TOS should apply to you, you agree that the limitations of liability set forth in this Section 15 and elsewhere in the Agreement, and the TOS will be construed to be as broad as is permissible under applicable law. Furthermore some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Rival Rebels and its Third-Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES: CERTAIN STATE LAWS (such as for customers residing in the EEA, or customers residing in Australia under the Australian Consumer Law (ACL) or customers residing in New Zealand under the New Zealand Consumer Guarantees act 1993) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS SECTION 15 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATION OF LIABILITY DESCRIBED ABOVE IN THIS SECTION 15 MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 15 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16. Dispute Resolution & Arbitration
Please read the following section carefully because it affects your rights and it requires you to submit to binding arbitration (and jury trial waiver) of any and all Disputes (other than specified DMCA claims and small claims) with Rival Rebels and limits the manner in which you can seek relief from us. No class arbitrations, class actions, or representative actions are allowed under this Agreement, and the TOS. If you are a European Union resident or using the Software and/or the Online Services within the EEA, some or all parts of this Section 16 do not apply to you and the provisions of this Agreement will not operate to, in any way, limit or otherwise restrict the rights vested with the consumers, including conflict of laws provisions, upon relevant provisions of applicable law nor may be construed by anyone in this way. Such laws will affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement will remain in full force and maximum effect.
b. Governing Law and Jurisdiction
For All Customers Outside the EEA: You agree that: (i) the Software must be deemed solely based in California; and (ii) the Software must be deemed a passive one that does not give rise to personal jurisdiction over Rival Rebels, either specific or general, in jurisdictions other than California. The Agreement, and the TOS must be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Rival Rebels that arises in whole or in part from the Agreement must be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, unless submitted to arbitration as set forth in this Section 16.
For any dispute you have with Rival Rebels, you agree to first contact us at firstname.lastname@example.org and try to resolve the dispute with us directly through consultation and good faith negotiations. If we need to contact you, we will do so at the email address on your User Account. If Rival Rebels hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to the Agreement, and the TOS through binding arbitration or (for qualifying claims) in small claims court.
d. Binding Arbitration
Instead of suing in court, you and we agree to settle all disputes (except certain small claims) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would. You agree that, in the event any dispute or claim arises out of or relates to the Agreement, and the TOS, or the breach thereof, you and Rival Rebels will attempt in good faith to negotiate a written resolution of the matter directly. In that case, you must contact us at email@example.com, with a written Notice of Dispute that includes your name, residence address, username and the email address you use for your User Account, a detailed description of the dispute, and the relief you seek. The language must be in English and the proceedings must be considered confidential in nature (including but not limited to any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein), and in accordance with the commercial mediation rules of the American Arbitration Association (“AAA”) under the Federal Arbitration Act, 9 U.S.C. § 1 et seq, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. However, to avoid expensive fees and charges, AAA will not administer the arbitration, even if the AAA’s rules would otherwise permit such a proceeding to be brought. To the extent permitted by law you agree that if the matter remains unresolved for sixty (60) days after notification (via certified mail or personal delivery) it will be deemed a “dispute,” and then all parties must join in mediation services in Los Angeles, California, USA, with a mutually agreed mediator in any attempt to resolve the dispute. If you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you may have been entitled to them otherwise. THEREFORE, AS ALLOWED BY APPLICABLE LAW, YOU AND RIVAL REBELS AGREE TO ARBITRATE ANY CLAIM, DISPUTE, OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATING TO THE USE OF THE AGREEMENT, AND THE TOS OF USE OR THE ONLINE SERVICES (INCLUDING SOFTWARE). BY AGREEING TO BINDING ARBITRATION, THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE THEIR DISPUTES. THIS BINDING ARBITRATION AGREEMENT APPLIES TO ALL USERS EXCEPT USERS LOCATED OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. THE LIMITATION OF LIABILITY DESCRIBED ABOVE MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 16 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
e. Class Arbitrations
ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY ARBITRATION UNDER THIS TOS WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION; CLASS WIDE ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN’T ALLOWED. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL ACTION) UNLESS ALL RELEVANT PARTIES SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. THIS BINDING ARBITRATION AGREEMENT APPLIES TO ALL USERS EXCEPT USERS LOCATED OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. THE LIMITATION OF LIABILITY DESCRIBED ABOVE MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 16 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
17. Waiver & Severability
IF RIVAL REBELS DOES NOT EXERCISE OR ENFORCE ANY PARTICULAR RIGHT OR PROVISION OF THE AGREEMENT AND/OR THE TOS, RIVAL REBELS DOES NOT WAIVE THAT RIGHT OR PROVISION. IF A COURT FINDS ANY PROVISION OF THE AGREEMENT AND/OR THE TOS INVALID OR UNENFORCEABLE, THEN AS ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT THE COURT SHOULD TRY TO FOLLOW THE INTENTION OF THAT PROVISION AND THAT ALL OTHER PROVISIONS OF THE AGREEMENT AND/OR THE TOS WILL REMAIN IN FULL FORCE AND EFFECT. THE LIMITATION OF LIABILITY DESCRIBED ABOVE MUST APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION 17 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION MUST NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
18. Language & Interpretation
To the fullest extent permitted by law, the controlling language for the Agreement is English. Any translation has been provided for your convenience of reference only and will have no legal effect, and the English language text will in any event prevail. As used in the Agreement, the term “including” means “including, but not limited to.”
19. Customer Service
If you need help, have any questions, complaints, or comments regarding the EULA, or the TOS, please contact us at firstname.lastname@example.org
END OF DOCUMENT.