Rooplay | TERMS OF SERVICE
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TERMS OF SERVICE

The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “your”) and Rooplay Media Inc. #103 – 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada regarding the use of our games, websites and related services (the “Service”). Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any ROOPLAY website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

We can make changes to these terms at any time in accordance with these terms and your continued use of our Services shall confirm your acceptance of the updated terms.

The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

1 LICENSE

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other applicable ROOPLAY policies, We grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument or method (e.g. PayPal) by minors.

You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by ROOPLAY, or previously been banned from playing any ROOPLAY game.

You shall use your Account only for non-commercial purposes. You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

Username and Password

During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify ROOPLAY and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

ROOPLAY reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that we deem to be in conflict with the spirit or intent of the Service or make improper use of our support services;

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any ROOPLAY game or any ROOPLAY game experience or without our express written consent, modify or cause to be modified any files that are a part of the Service or any ROOPLAY game;

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any ROOPLAY game environment;

Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, devices, Servers, or networks connected to the Service by any means other than the user interface provided by ROOPLAY, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, contractors, directors;

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an ROOPLAY employee;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any ROOPLAY game, or to obtain any information from the Service or any ROOPLAY game using any method not expressly permitted by ROOPLAY; or

Solicit or attempt to solicit personal information from other users of the Service or any ROOPLAY game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

We reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, ROOPLAY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO ROOPLAY SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ROOPLAY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ROOPLAY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

ROOPLAY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

ROOPLAY reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, ROOPLAY shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

If you wish to terminate your Account at any time and for any reason please contact us by email (support@rooplay.com) and instructing us that you wish to terminate your Account. We will terminate your account within 5 business days of receiving your email to that effect.

2 OWNERSHIP

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using our game client, and our game clients and server software) are, as between you and us, owned by us. We reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND ENURE TO THE BENEFIT OF ROOPLAY.

2.3. Virtual Items

ROOPLAY owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in ROOPLAY games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any ROOPLAY game, whether earned in a game or purchased from ROOPLAY, or any other attributes associated with an Account or stored on the Service.

3 USER CONTENT

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a ROOPLAY game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by ROOPLAY in accordance with its Privacy Policy. ROOPLAY reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

You must comply with all the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using ROOPLAY Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

 

3.1 Content Screening

ROOPLAY assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time ROOPLAY chooses, in its sole discretion, to monitor the Service, ROOPLAY nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. ROOPLAY cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. ROOPLAY shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. ROOPLAY may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of ROOPLAY violates these Terms of Service.

3.3. License

You hereby grant to ROOPLAY 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 or another device 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 the Service, including marketing and promotions of the Service. You also hereby grant to ROOPLAY the right to authorize others to exercise any of the rights granted to ROOPLAY under these Terms of Service. You further hereby grant to ROOPLAY 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. ROOPLAY 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. ROOPLAY has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or ROOPLAY games. ROOPLAY reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with ROOPLAY to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting ROOPLAY access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, contractors 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. If you are a California resident, you waive California Civil Code §1542, as amended or replaced from time to time, which says: “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 settlement with the debtor.”

4 FEES AND PURCHASE TERMS

4.1. Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or virtual diamonds, all for use in our games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

ROOPLAY may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. ROOPLAY shall have no liability to you or any third party in the event that ROOPLAY exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to ROOPLAY, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in ROOPLAY games is a service provided by ROOPLAY that commences immediately upon acceptance by ROOPLAY of your purchase.

The charge for any individual item you can purchase via our Service shall be as stated in our Service at the time you place the order, except in the case of obvious error. Depending on your location, the charge may or may not be inclusive of all taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Service.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ROOPLAY may revise the pricing for the goods and services offered through the Service at any time. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

YOU ACKNOWLEDGE THAT ROOPLAY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5 UPDATES TO THE SERVICE

You understand that the Service is an evolving one. ROOPLAY may require that you accept updates to the Service and to ROOPLAY’s games you have installed on your computer or another device. You acknowledge and agree that ROOPLAY may withdraw, update the Service and ROOPLAY games (in whole or in part), with or without notifying you and without liability to you. You may need to update third party software from time to time in order to receive the Service and play ROOPLAY’s Games.

6 LINKS

ROOPLAY may provide links to third party websites from our Services. You understand that when you click on these links any data which you provide thereafter is subject to such third party’s privacy policy and not to ours. Although we will endeavour only to link to reputable websites, we take no responsibility for the content, safety or security of any third party website.

7 PRIVACY

We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services.

Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on that social network. If you do not agree to these practices you should not allow our Games to interact with your social network.

We may use cookies, or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy

8 DISCLAIMER OF WARRANTIES

WITHOUT LIMITING ROOPLAY’S LIABILITY UNDER SECTION 9 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT 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. ROOPLAY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9 LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

ROOPLAY SHALL 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 THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROOPLAY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ROOPLAY 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 ROOPLAY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ROOPLAY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ROOPLAY IS TO STOP USING THE 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 ROOPLAY 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 ROOPLAY’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL 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 ROOPLAY.

You agree to indemnify, defend and hold ROOPLAY harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

10 DISPUTE RESOLUTION AND LAW

If a dispute arises between you and ROOPLAY, we strongly encourage you to first contact us directly to seek a resolution by email (support@rooplay.com) You agree that all disputes between you and ROOPLAY shall be governed by the laws of British Columbia, Canada without regard to conflict of law provisions. You agree that any claim or dispute you may have against ROOPLAY must be resolved exclusively by a court located in British Columbia, Canada.

11 SEVERABILITY

You and ROOPLAY agree that if any portion of these Terms of Service or of the ROOPLAY Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

12 GENERAL PROVISIONS

12.1. Assignment

ROOPLAY may assign or delegate these Terms of Service and/or the ROOPLAY Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without ROOPLAY’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2. Supplemental Policies

ROOPLAY may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the ROOPLAY Privacy Policy), contain the entire understanding of you and ROOPLAY, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

12.4. No Waiver

The failure of ROOPLAY to require or enforce strict performance by you of any provision of these Terms of Service or the ROOPLAY Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ROOPLAY’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by ROOPLAY of any provision, condition, or requirement of these Terms of Service or the ROOPLAY Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ROOPLAY shall 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 ROOPLAY.

12.5. Notices

We may notify you via e-mail or any other communications means of contact information you provide to us. All notices given by you or required from you under these Terms of Service or the ROOPLAY Privacy Policy shall be in writing and addressed to: Rooplay Media Inc., #103 – 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada. Any notices that you provide without compliance with this Section 12 on Notices shall have no legal effect.

12.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to ROOPLAY are of a unique and irreplaceable nature, the loss of which shall irreparably harm ROOPLAY and which cannot be replaced by monetary damages alone so that ROOPLAY shall 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 the Service or any ROOPLAY game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 9 (if any).

12.7. Force Majeure

ROOPLAY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ROOPLAY, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ROOPLAY’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.