Applicable from: March 12 2016.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Roll Play LLC, and its affiliates (“Roll Play”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Roll Play or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Roll Play, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Roll Play Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE ROLL PLAY SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE ROLL PLAY SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the Roll Play Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Roll Play hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single phone, computer, or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Roll Play hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Roll Play, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Roll Play’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Roll Play retains all right, title and interest in and to the Roll Play Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Roll Play Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Roll Play Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Roll Play. All rights not expressly granted to you herein are reserved by Roll Play.
Roll Play Services may include links to third party services and/or the third party services may be made available to you via Roll Play Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
You agree not to: (i) commercially exploit the Roll Play Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Roll Play Services, any copies thereof, or any passwords or usernames of Roll Play Services, without the express prior written consent of Roll Play or as set forth in this EULA; (iii) make a copy of the Roll Play Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Roll Play Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Roll Play Services or this EULA, use or install the Roll Play Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Roll Play Services at a computer gaming center or any other location-based site; provided, that Roll Play may offer you a separate site license agreement to make the Roll Play Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Roll Play Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Roll Play Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Roll Play Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Roll Play Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Roll Play Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA. The Software is intended for private use only.
The Roll Play Services may include measures to control access to the Roll Play Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Roll Play Services subject to a valid license can be used to access online services, and download updates. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
The Roll Play Services may allow you to create content, including but not limited to maps, screenshots or a video of your game play. In exchange for use of the Roll Play Services, and to the extent that your contributions through use of the Roll Play Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Roll Play an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Roll Play's and other players' use and enjoyment of such assets in connection with the Roll Play Services and related goods and services under applicable law. This license grant to Roll Play, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Roll Play Services may require an internet connection to access the Roll Play Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Roll Play Services to operate properly, you may be required to have and maintain an adequate internet connection. By using the Roll Play Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE ROLL PLAY SERVICES.
You are solely responsible for all code, video, images, information, ideas, data, text, reviews, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, link to, publish, display, email or otherwise use or make available (hereinafter, “upload”) via the Roll Play Services. Roll Play is not responsible and cannot otherwise be held liable for the User Content uploaded by others. However, User Content may be edited, screened, or otherwise controlled by Roll Play.
Roll Play may, but has no obligation to, monitor User Content uploaded. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of this EULA; (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of others; or (iii) is determined to be inappropriate for any other reason at the sole discretion of Roll Play.
By posting User Content to Roll Play Services, you grant, and you represent and warrant that you have the right to grant, to Roll Play, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
By installing, accessing or using the Roll Play Services, you consent to these information collection and usage terms.
Roll Play may license to you certain virtual goods to be used within Roll Play Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Roll Play is not a party to the transaction.
Roll Play may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Roll Play shall have no liability to you or any third party in the event that Roll Play exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ROLL PLAY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ROLL PLAY SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. ROLL PLAY, ROLL PLAY’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ROLL PLAY, ROLL PLAY’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE ROLL PLAY SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE ROLL PLAY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ROLL PLAY SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER ROLL PLAY SERVICES OR THAT ANY ERRORS IN THE ROLL PLAY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ROLL PLAY, ROLL PLAY’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL ROLL PLAY, ROLL PLAY’S AFFILIATES, OR ROLL PLAY’S LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ROLL PLAY SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ROLL PLAY, ROLL PLAY’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, ROLL PLAY’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS IMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL ROLL PLAY’S, ROLL PLAY’S AFFILIATES’, OR ROLL PLAY’S LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE ROLL PLAY SERVICES OR ONE DOLLAR ($1.00), WHICHEVER LESS.
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Roll Play’s Services.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Roll Play will be irreparably damaged, and therefore you agree that Roll Play shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Roll Play, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Roll Play Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Roll Play reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Roll Play’s website. You will be deemed to have accepted such changes by continuing to use the Roll Play Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of the state of Wisconsin without reference to its choice of law rules.
Any dispute arising with respect to these Terms, its making or validity, its interpretation, or its breach shall be settled by arbitration in the state of Wisconsin, by a single arbitrator mutually agreed to by the disputing parties pursuant to the then obtaining rules of the American Arbitration Association, but without any requirement that the parties utilize the arbitration services of the American Arbitration Association. Such arbitration shall be the sole and exclusive remedy for such disputes except as otherwise provided by these Terms. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ROLL PLAY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Any failure on the part of Roll Play to enforce any provision of these Terms will not be considered a waiver of its right to enforce such provision. (e) If any action in law or equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, including costs and expenses, and to any other relief to which such prevailing party may be entitled.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT us at firstname.lastname@example.org. For technical support, please contact us at email@example.com.