REDTRM GAMES TERMS OF SERVICE
Effective September 26, 2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
The terms of this agreement (“Terms of Service”) govern the relationship between you and REDTRM Games (together with its subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors, “REDTRM Games” or “we” or “us”) regarding your use of REDTRM Games’ games, websites and any related services (collectively referred to as our “Service”).
When you access our Service, you may be required to register an account (“Account”). By registering for an Account or by using our Service in any capacity, you represent that you are at least 13 year old (or older) and you understand and agree to these Terms of Service. If you are under the age of 18, you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Service. If you access our Service through a third party platform like Apple or Google and/or a social networking site like Facebook, you are obligated to comply with their terms of service in addition to our Terms of Service.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REDTRM GAMES. BY INSTALLING, USING OR OTHERWISE ACCESSING OUR SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS OUR SERVICE. IF YOU HAVE INSTALLED OUR SERVICE, PLEASE UNINSTALL IT IMMEDIATELY. USE OF OUR SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO OUR SERVICE GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. FOR MORE DETAILS, GO TO SECTION 9.
Grant of a Limited License to Use our Service
Subject to your agreement and your continued compliance with these Terms of Service and all relevant REDTRM Games policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Service for your own personal (i.e. non-commercial) entertainment purposes. You agree not to use our Service for any other purpose.
REDTRM Games reserves the right to determine whether one’s conduct violates this Agreement including the intent or spirit of the Terms of Service or our Service itself. REDTRM Games also reserves the right to take any action it deems appropriate as a result, which may include preventing you access to the Service, terminating your account and/or limiting your Account access.
You specifically agree to each of the following restrictions when using our Service:
Any use of our Service in violation of the license limitations contained in this Section 2 is strictly prohibited, and can result in the immediate termination or revocation of your limited license and may subject you to legal liability.
By accessing our Service, you agree that under no circumstances will you:
Login Information and Your Account
When you create an Account with us, you may be required to create a user name and password (collectively known as “Login Information”). You agree to not share this information with anyone. Such disclosure may result in a violation of this Agreement. You agree not to engage in any acts that may compromise the integrity and/or security of your Account and information. Such compromise may include but is not limited to unauthorized access, loss and theft. If become aware or suspect that your account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage.
It is your sole responsibility for maintaining confidentiality of information your provide us including your Login Information. You are also responsible for all uses of your Account, all purchases made (within the application and/or otherwise). All Account related activity and actions are solely your responsibility.
We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You agree to only have one Account per game on a properly supported device.
Suspension and Termination of Account and Service
WITHOUT LIMITATION TO ANY OTHER REMEDIES, REDTRM GAMES MAY SUSPEND, TERMINATE, DELETE, LIMIT, MODIFY ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTIONS THEREOF, IF REDTRM GAMES SUSPECTS OR IF YOU HAVE FAILED TO COMPLY WITH ANY OF THE TERMS OF SERVICE, FOR ANY SUSPECTED OR ACTUAL ILLEGAL ACTIVITY, IMPROPER USE OF OUR SERVICES; WITH OR WITHOUT ANY NOTICE TO YOU. SUCH ACTIONS MAY RESULT IN THE LOSS OF YOUR ACCOUNT, INFORMATION, PERSONA, BENEFITS, AND IN GAME PURCHASES. REDTRM GAMES IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ANY INFORMATION, PERSONA, RANKINGS, BENEFITS AND LOSSES INCURRED, AND ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY OF THIS.
WE MAY STOP OFFERING AND/OR SUPPORTING OUR SERVICE INCLUDING BUT NOT LIMITED TO ANY PARTICULAR GAME OR PART OF OUR SERVICE AT ANY TIME, AND WE RESERVE THE RIGHT TO DO SO. IF THIS DOES OCCUR, YOUR LICENSE TO USE OUR SERVICE OR APPLICABLE GAME WILL AUTOMATICALLY TERMINATE. WE ARE NOT RESPONSIBLE OR REQUIRED TO NOTIFY YOU OF THIS, OR PROVIDE YOU WITH REFUNDS, COMPENSATION OR ANY MATERIAL OR NON-MATERIAL BENEFIT TO ANY OF OUR USERS FOR DISCONTINUED OR TERMINATED SERVICE. SUCH ACTIONS MAY ALSO RESULT IN TERMINATION OF YOUR ACCOUNT, DISABLING OF YOUR ACCESS TO THE SERVICE, OR ANY PART THEREOF INCLUDING ANY CONTENT THAT MAY HAVE OR WERE IN THE PROCESS OF SUBMITTING.
WE MAY AT OUR DISCRETION LIMIT, TERMINATE OR SUSPEND YOUR ACCESS TO OUR SERVICE, ACCOUNTS OR ANY PORTION OF OUR SERVICE WE DEEM APPROPRIATE. WE MAY PROHIBIT ANY FUTURE ACCESS TO OUR SERVICE, DELAY OR HOLD, DELAY OR REMOVE HOSTED CONTENT, TAKE LEGAL AND TECHNICAL STEPS TO PREVENT ACCESS TO OUR SERVICE. WE MAY ALSO ENGAGE IN SUCH ACTIONS IF IT IS DEEMED AT OUR SOLE DISCRETION, THAT THERE IS A RISK OR CREATION THEREOF, OR POSSIBLE LEGAL LIABILITIES, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OURS OR A THIRD PARTY, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. REDTRM GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS OR MORE.
You may choose to close your Account for any reason and at any time. If you so choose to exercise this right, please inform REDTRM Games that you wish to close your account by either: (i) opening a help ticket directly in-game via the help section and requesting your account be closed; or (ii) emailing REDTRM Games at firstname.lastname@example.org and requesting your account be closed. Be sure to provide your email address in the request, so we have the information necessary to close your account.
REDTRM Games owns all rights, title and interest in and to our Service. This may include without limitation all games, software (including server software), titles, characters, character names, stories, dialogue, animations, art, concepts, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, character profiles, all recordings of games and game play. We reserve all rights, without any limitation to all intellectual property and proprietary rights, in connection with our Service.
You acknowledge and agree that you will have no ownership or other property interest in the Account. You further acknowledge and agree that all interest and rights to the Account are and will be owned in perpetuity by REDTRM Games, and only for the benefit of REDTRM Games.
REDTRM Games owns, has licensed, or otherwise has rights to use all of the content that appears in our Service. By accessing and using our Service, you agree that you have no rights or title in or to any content, information, or attributes that appears in our Service. This encompasses virtual items, goods and currency appearing and/or originating in our Service, whether it is provided, earned or purchased from REDTRM Games.
“User Content” means all materials, data, information, communication including chatting, pictures and sounds that you or other users upload and/or transmit using our Service. When you submit and/or transmit any User Content when using our Service, you represent, warrant and affirm that such content is accurate, non-confidential, does not violate any state or federal laws or rights of others, that you have the appropriate permissions or right from third parties whose information or intellectual property is comprised in the User Content; that such User Content is free of malware, viruses, adware, spyware or any malicious code.
REDTRM Games will not assume any liability or responsibility for any user behavior, or for monitoring User Content or inappropriate conduct on our Service. User Content submitted on our Service is not screened or monitored by us. The users of our Service bear all risk associated with its use including but not limited to exposure to offensive and indecent content. REDTRM Games at its discretion may monitor and/or record your interactions with our Service including all communications and information that is transmitted. By using and accessing our Service, you provide REDTRM Games with an irrevocable consent to such actions. If we at our own discretion choose to monitor our Service, we assume no liability or obligation to change, remove, or disable any inappropriate User Content; we retain the right to such actions without any obligation to do so. You understand and agree that there is no expectation of privacy to your User Content when using our Service.
We provide forums, blogs and chat features in our Service, where users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information in these mediums. You understand that REDTRM Games is not responsible for any information posted in our Service or whether others will view your information, comments and topics in the same light. Please do not use these mediums to share or post information if you wish for such information to remain confidential; do not submit, upload, write, or transmit any information on our Service you deem to be confidential. REDTRM Games does not and will not bear any responsibility or liability of the use of any such information; no compensation will be provided for any ideas, schemes, uses of any information provided.
Responsibility For Your Own Content
As a user, you are personally and solely responsible for all information posted and/or sent, transmitted or provided to others in our Service. We reserve the right to reject, deny and delete any User Content with or without any reason.
User Content License
You hereby grant to REDTRM Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of our Service, including marketing and promotions of our Service. You also hereby grant to REDTRM Games the right to authorize others to exercise any of the rights granted to REDTRM Games under these Terms of Service. You further hereby grant to REDTRM Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. REDTRM Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. REDTRM Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of our Service and any other parties with whom you interact through our Service. REDTRM Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with REDTRM Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting REDTRM Games access to any password-protected portions of your Account as may be required.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Any time you purchase virtual currency (including but not limited to virtual cash and other in-game premium currency), virtual in-game items, and any other premium goods or services in our Service with real currency (i.e., real world money) (collectively, “Virtual Items”), REDTRM Games grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. All purchases and redemptions of such Virtual Items through our Service are final and non-refundable. REDTRM Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice to you. REDTRM Games will have no liability to you or any third party in the event that REDTRM Games exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in our Service. Other than as expressly authorized in our Service, you may not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to REDTRM Games, another user or any third party.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. REDTRM Games may revise the pricing for the goods and services offered through our Service at any time. You acknowledge and agree that REDTRM Games is under no obligation to provide you with a refund for any reason including but not limited to termination of your Account, when closing your Account whether such actions are voluntary or involuntary; for any items of value or otherwise (including virtual currency) that are in your Account whether purchased, accrued or given.
You understand that our Service is a developing and evolving one. REDTRM Games may require that you accept updates to our Service. While REDTRM Games will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that REDTRM Games may update our Service, with or without informing or otherwise notifying you. You may need to update third party software from time to time in order to receive our Service and/or play our games.
Without limiting REDTRM Games’ liability under Section 8 below, our Service is provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. REDTRM Games does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Service will be uninterrupted or error-free; that defects will be corrected; or that our Service is free of viruses or other harmful components.
Limitation of Liability
REDTRM Games will not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or our Service itself, whether based on contract, tort or any other legal theory, and whether or not REDTRM Games has been advised of the possibility of such damages. REDTRM Games will not be liable to you for more than the amount you have paid to REDTRM Games in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to REDTRM Games during such time period, your sole remedy (and REDTRM Games’ exclusive liability) for any dispute with REDTRM Games is to stop using our Service and to cancel your Account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that REDTRM Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of REDTRM Games’ liability will be the minimum permitted under such applicable law.
In particular, nothing in these Terms of Service will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of REDTRM Games.
You agree to indemnify, save, and hold REDTRM Games, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of our Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. REDTRM Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify REDTRM Games, and you agree to cooperate with REDTRM Games’ defense of these claims. REDTRM Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Service.
If a dispute arises between you and REDTRM Games, we prefer amicable resolution to protracted legal battles. Toward that end, we have created a dispute resolution program we believe can resolve most matters. In order to avail yourself of our arbitration policy, you must first exhaust our steps to resolution:
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we both agree to give up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to:
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
The Arbitration Process
The American Arbitration Association (AAA) will run the arbitration between you and REDTRM Games, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879. To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.
You get to choose whether the arbitration will take place in the county or province where you live or in Los Angeles, California. We could also hold the arbitration in some other place, but we both have to agree to that. We agree, too, that during the arbitration process, our help managers, may still work with you to resolve your issue.
Either of us involved in the arbitration can ask the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Also, either of us can take the arbitrator’s decision or award to a court to confirm it or enter a judgment on it (i.e., make it the same as a court judgment). Sometimes you can ask a court to change an arbitrator’s decision or award, but those circumstances are limited.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the dispute resolution provisions in this Section 9 regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are United States resident, these Terms of Service and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the United States, these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
REDTRM Games will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of REDTRM Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause 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.
You acknowledge that the rights granted and obligations made under these Terms of Service to REDTRM Games are of a unique and irreplaceable nature, the loss of which will irreparably harm REDTRM Games and which cannot be replaced by monetary damages alone so that REDTRM Games will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).
REDTRM Games may publish additional policies related to specific features such as forums, contests or loyalty programs. Your right to use such features is subject to those specific policies (if any) and these Terms of Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by REDTRM Games will be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of REDTRM Games.