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.
In this Agreement the following terms shall have the following meanings:
- Account – means collectively the personal information, payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
- Content – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- ROOPLAY – means ROOPLAY Media Ltd., trading as ROOPLAY, of registered business address #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada;
- Service – means collectively any online facilities, tools, services or information that ROOPLAY makes available through the Website either now or in the future, including but not limited to mobile applications that utilise Website functionality;
- Payment Information – means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- Purchase Information – means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
- Premises – means our registered offices at #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada;
- System – means any online communications infrastructure that ROOPLAY makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- User / Users – means any third party that accesses the Website and is not employed by ROOPLAY and acting in the course of their employment; and
- Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website and Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ROOPLAY, our affiliates or other relevant third parties. By continuing to use the Website and Services you acknowledge that such material is protected by applicable Canada and International intellectual property and other laws.
- Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by ROOPLAY.
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
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™, Stripe etc.) 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.
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.
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 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 any 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.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of ROOPLAY or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the homepage of the site ROOPLAY.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of ROOPLAY. To find out more please contact us by email at email@example.com or by post to #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada.
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of ROOPLAY or our affiliates; and
- You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
- You acknowledge that ROOPLAY reserves the right to monitor any and all communications made to us or using our System.
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.
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.
- In order to procure Services on this Website and to use the forum facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.
- By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. ROOPLAY accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact ROOPLAY immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, ROOPLAY will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
- When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
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.
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 when an account is closed, whether such closure was voluntary or involuntary.
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 at firstname.lastname@example.org and instruct us that you wish to terminate your Account. We will terminate your account within 5 business days of receiving your email to that effect.
- Either ROOPLAY or you may terminate your Account. If ROOPLAY terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If ROOPLAY terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- ROOPLAY reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
- If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
- If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
- Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms and Conditions pertaining directly to those Services.
- ROOPLAY shall use its best endeavours to provide the Services with reasonable skill and care.
- In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. ROOPLAY will ensure that any necessary corrections to the Services provided are made within 7 working days.
- ROOPLAY reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already derived from the Services;
- Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of ROOPLAY.
Such discretion to be exercised only within the confines of the law.
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.
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.
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).
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.
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ROOPLAY accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- To the maximum extent permitted by law, ROOPLAY accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.