PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Robot Cache.
This agreement is between you and Robot Cache, S.L. and its Affiliates, and its publishing and service partners (collectively, “Robot Cache”) (this “Agreement”). Throughout this Agreement, we may refer to you as “you” or “your” or “yourself”; and we may refer to ourselves as “Robot Cache”, “us” or “our”.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND THE RC POLICIES, YOU ARE NOT AUTHORIZED TO USE THE ROBOT CACHE PLATFORM, WEBSITES, OR ANY OF THE COMPONENTS OR FEATURES OF ANY CONTENT OR SERVICE OFFERED THROUGH ROBOT CACHE, AND YOU MUST PROMPTLY CEASE ALL SUCH ACCESS AND USE.
“Account User” or “Account Users” means individuals authorized to use, buy, sell, and trade Content and Subscriptions within the Platform under the terms of this Agreement and any required third-party EULA.
“Affiliate” means any Robot Cache affiliate, sponsor, partner, employee, officer, director, shareholder, agents, or representative.
“Content” means games, software, and other content made available by Robot Cache and authorized third-parties on the Platform.
“Community” means Robot Cache’s public chat rooms, community forums, help center, activities, blogs, social media channels and other public services and offerings within the Platform.
“Fiat Currency” means currency issued by a governmental entity and recognized by Robot Cache (e.g. United States Dollars ($), European Euros (€), Japanese Yen (¥)).
“EULA” means Robot Cache’s or a third-party developer’s or publisher’s or Affiliate’s end user licensing agreement for the use and license of Content and Services.
“Inventory” means the Content and Subscriptions offered for license within the Store.
“Iron” are the Platform credits you use to buy, sell, and trade Content and Subscriptions in the Store in compliance with this Agreement and the RC Policies.
“Store” means the systems and services you use on the Platform to buy, sell, and trade Content, Subscriptions, and Services, whether from Robot Cache, third-party providers, or other Account Users.
“Platform” means our Community, Websites, Store, RC Wallet, Content and Services, along with all other services, software, and offerings provided by Robot Cache.
“RC Mining” means contributing an Account User’s computer graphics card to the Robot Cache mining pool in order to create cryptocurrencies in exchange for Iron. Generation of cryptocurrencies involves complex problem-solving and/or calculations.
“RC Wallet” means the systems and software within the Platform which allow Account Users to conduct transactions in the Store. The RC Wallet contains an account balance for each Account User.
“Services” are the services offered by Robot Cache and authorized third-parties.
“Stash Page” is a detailed page created for each Account User on the Platform that includes their Content and Subscriptions, along with news and achievements, and other Robot Cache provided information and Platform access.
“Subscriptions” are licensing rights granted to you by Robot Cache or third-parties and Affiliates to access the Platform and to use licensed Content and Services under the terms of this Agreement, the RC Policies and any related EULA.
“Websites” mean the Internet sites you access or link when accessing the Platform.
Unless indicated at the time of a transaction, when you participate in our Community, purchase Content or Services in the Store, or engage in other services, features, or activities within the Platform, the contractual agreement is between you and us. Notwithstanding this, a third-party or Affiliate (e.g. a publisher) may require a EULA between you and that third-party or Affiliate. In such cases, you may also have an agreement between you and the third-party or Affiliate.
Over 18 or Majority. If you are eighteen years of age or older (or the age of majority or older in the country in which you reside), welcome aboard! If you are under the age of eighteen (or under the age of majority in the country in which you reside), we or our Affiliates may limit or deny any Content, Services, feature, or function of the Platform to you.
Notice to Parents. If your child is under the age of majority in your country (for example, the age of majority in the United States is eighteen (18)), be advised that you are fully responsible for your child’s use of the Platform, including all financial charges and legal liability that he or she may incur. Please familiarize yourself with the terms of this Agreement and the RC Policies before allowing your children to access or use the Platform.
Registration AND YOUR ROBOT CACHE ACCOUNT
Your Account. After completing our registration process, a Robot Cache account (an “Account”) is created for you. This Account is personal to you and should not be shared with any other person or entity. Your Account includes your billing information (including your email, zip code, IP address and other necessary information), RC Wallet access, Stash Page, and Account User profile. Your RC Wallet allows you to view, monitor, and manage your Account Iron balance, Content and Subscriptions, and other purchases and personal information. Please be aware that your RC Wallet is not a bank account, security, credit account, or any other type of payment instrument.
Keep All Your Information Confidential. It is important that you do not disclose or share your Account password, or the information contained in or provide access to your RC Wallet with anyone except when authorized by us.
Although we may assist you from time to time with your Account and RC Wallet, you alone are responsible for the confidentiality of your Account password and RC WALLET and all communications and activities that you conduct on the Platform.
4.4. If You Accidentally Disclose your Password or RC Wallet Access. If you unintentionally or negligently disclose your Account password or any information contained in or access to your RC Wallet, you are solely responsible for all actions that result. If you believe someone is using or has fraudulently used your Account or RC Wallet, or if you believe the confidentiality of either has been compromised, you must change your password immediately and notify us here.
Personal Use Only. The Platform is for your personal, lawful, non-commercial use only. All information and data contained in your Account, Stash Page, and RC Wallet are strictly personal. You cannot sell or charge others for the right to use your Account or RC Wallet, nor can anyone but you access your Account, Stash Page, or RC Wallet or any function or feature of Platform using your Account. You may not transfer your Account, Stash Page, or RC Wallet, nor may you sell or charge others for the right to use or transfer any of your Content or Content Subscriptions, or any other item, digital or physical, except under the terms of this Agreement and the RC Policies.
Iron is Robot Cache’s Platform credit. Within the Platform, you may conduct certain transactions using Iron or a Fiat Currency as specified in this Agreement and the RC Policies, including the purchase or resale of Content, Services and Subscriptions. You may earn Iron through the resale of Content and Services, and through RC Mining. For further information on purchases made with Iron or Iron earned through RC Mining please refer to our Iron and RC Mining Policies. Notwithstanding any other term of this Agreement, be aware that IRON IS NOT INTENDED TO CONSTITUTE A COMMODITY, SECURITY, FINANCIAL INSTRUMENT, OR ANY OTHER FORM OF INVESTMENT IN ANY JURISDICTION.
CONTENT AND SERVICE SUBSCRIPTIONS
Subscriptions. As an authorized Robot Cache Account User, you may purchase Content and Service license Subscriptions by redeeming Iron or paying in a Fiat Currency in accordance with criteria determined solely by Robot Cache from time to time. Be aware that each Content or Subscription you purchase is licensed to you personally under the terms of this Agreement and the limitations of any EULA. Unless otherwise noted, all Content, Services, and Subscriptions offered through Robot Cache are licensed and not sold.
When you acquire Content, Services, or Subscriptions, you are granted a limited, non-transferable, terminable license to that particular good or service under the terms of this Agreement and any EULA. FOR AVOIDANCE OF DOUBT, a Subscription license when acquired by you, does not grant you or any other party ownership or title in any Content, Services, or Subscriptions. You may also be required maintain an Internet connection and/or a Robot Cache provided client application for periodic check-ins while using any Content or Services.
Prohibition on Assignments or Transfers. Robot Cache does not recognize transfers, assignments, or the sale of any Content, Services, or Subscriptions outside of the Platform or in violation of this Agreement, our Privacy Agreement, or our Resale or Refund Policies, or any limitations required by Robot Cache from time to time or as required by a third-party or Affiliate EULA.
Buying and Selling Subscriptions. Within our Platform, you may Resell certain Content and Service license Subscriptions to other Account Users, provided that the terms of any such transfer are in compliance with Resale Policy, including any Hold period.
Refunds. Robot Cache provides a generous refund policy which you can access here.
Right to Terminate. Robot Cache reserves the right to limit or terminate the terms of any licensed Content, Services, or Subscriptions at any time and for any or no reason. You also acknowledge and agree that Robot Cache may terminate or cease operation of any component or feature of the Platform at any time and for any or no reason. Robot Cache also reserves the right to change fees and to otherwise modify or remove Content, Services, Subscriptions, and Platform and Store features, functions, and eligibility requirements in whole or part and without liability to you, regardless of whether such action prevents or hinders you from purchasing, selling, or trading Content or Subscriptions.
You acknowledge and agree that Robot Cache and its Affiliates and third-party content providers may, from time to time, automatically update, replace, revise, or otherwise modify the content or software technology. You acknowledge and agree that other than when provided and clearly indicated as a service update to your existing Content or Services, you are not entitled to any such new versions, updates, features, or enhancements unless that update is made specifically to the Content or Services attached to your Account as determined by Robot Cache or the issuing third-party and in accordance with the terms of your specific Subscription.
Payments AND Processing
Cancellation and Refunds. All charges you make using your Account, including all Content, Services, and Subscriptions fees and charges, are subject to Robot Cache’s refund policy, which you can find here. Additionally, when you cancel your Account or your Account is terminated for any reason, you are not entitled to a refund of any monies paid for any transaction unless authorized in advance and in writing by Robot Cache. Robot Cache may also collect all amounts owed at the time of any cancellation of your Account, including all fees and surcharges.
Payment Requirements. You acknowledge and agree that when you provide payment information to us, for example, your credit or debit card or PayPal information, you represent and warrant that you are the authorized user of that card or account, and you authorize Robot Cache and its third-party processors to debit (to charge) that account in order to process your Content, Services, and Subscriptions fees and any other charges incurred by you. In the event a purchase requires a recurring payment, for example in order to provide you monthly, on-going access to Content or Services, you agree and authorize such recurring debits (charges) to your Account and credit or debit card or other payment methods. You also agree that you will immediately notify us in the event your payment method changes or is discontinued. In such an event, you also agree to use your best efforts to immediately provide new or modified credit card or other necessary account information so that we can resume any authorized debits (charges) to your Account.
Your Responsibility. You are solely responsible for all charges, authorized fees, applicable taxes, and all purchases made by you or anyone that uses your Account. If you cancel your Account, you authorize us to collect all fees, payments, taxes, and other costs, including surcharges and interest due before cancellation. Robot Cache may also terminate or suspend your Account and access to the Platform or any of its components in the event your Account is unpaid or not timely settled.
Taxes. The purchases and fees you authorize may require the payment of sales tax, VAT, or other governmental fees and charges, including when you resell Content as provided in our Resale Policy. You hereby authorize Robot Cache to charge you for all sales taxes, VAT, and other governmental fees and charges resulting from your purchase, resale, or use of the Platform, including all Subscription fees and purchase amounts. All such charges will be reflected in your Account. Occasionally, Robot Cache may, but is not required to, award Iron or other prizes to you, as explained elsewhere in this Agreement. In all such cases, you acknowledge and agree that you are solely responsible for all taxes and governmental fees and charges that result from these transactions. You are also solely responsible for complying with all applicable tax laws and filing requirements. Since the proceeds you receive from such transactions could be subject to income tax laws and other governmental regulations, you are advised to consult with a tax or legal specialist to determine your liability in connection with all your Store activities.
Grant. When you purchase a Content, Service, or Subscription license in conformance with this Agreement, Robot Cache grants you, and you accept a terminable, non-exclusive, and non-commercial license and right to use the subject Content, Service, or Subscription for your personal use only (unless the terms of this Agreement or a third-party agreement expressly allow commercial use). In all cases, Content AND SERVICES OFFERED TO YOU THROUGH ROBOT CACHE and OUR AUTHORIZED THIRD-PARTIES AND AFFILIATES ARE licensed to you and never sold. Your license to any such Content, Service, or Subscription does not at any time grant you title or ownership in the respective Content, Service, or Subscription. As a condition precedent to any license granted to you herein, you must be the Account owner, maintain an active and current Account, and operate under all the terms of this Agreement, the RC Policies, and any required third-party or Affiliate EULA.
Client-Server and Multiplayer Access. Certain Content, Services, and Subscriptions may allow you to access or communicate via our Community and allow you to access other Platform functions and features, including, without limitation, to client-server and systems. Such Content, Services, and Subscriptions may also allow you to access client-server software and features hosted by us or our third-party developers, publishers, and Affiliates for the purpose of hosting multiplayer games and services. All such features are provided at Robot Cache’s and/or a third-party’s or Affiliate’s sole discretion, and your access to any such multiplayer or client-server features or functions may be modified or terminated by Robot Cache or its third-parties or Affiliates at any time.
Limited Purpose. You are not authorized to use or exploit any Content, Services, and Subscriptions for any purpose other than as permitted by this Agreement and the RC Policies, and within the limitations of any applicable third-party developer, publisher, or Affiliate’s EULA. In all cases, your use and operation of any Content, Services, and the Platform and all components therein must in compliance with the laws of your country and state, and under no circumstance are you authorized or granted any right to copy or photocopy, reproduce or publish, distribute or offer to distribute, translate or reverse engineer or otherwise obtain source code in any way or form, or to modify, disassemble, decompile, or create derivative works, in whole or part, of any software, system, technology, or other copyrightable or legally protectable materials provided to you under this Agreement. You may not remove, obscure, or in any way modify or distract from any proprietary notices or labels provided by Robot Cache or by its third-party developers, publishers or Affiliates within the Platform or any component accessible to you as a result of this Agreement.
Further Limitations. You are not authorized or entitled to use any Content, Services, or Subscriptions, or any other offering available within the Platform for any purpose other than your personal use and enjoyment. Your access and license to any of the foregoing does not in any way grant you the right or otherwise authorize you to sell, grant a security interest in, rent, lease, license, sublicense, or otherwise transfer, assign, or cooperate in any of the foregoing actions yourself or through any other party or entity, except as expressly permitted by this Agreement and our Resale Policy. In no case are you permitted to emulate, tunnel, modify, adapt, or access Content or Services or any software or technology provided by or offered within the Platform in an effort to or for the purpose of emulating, modifying, tunneling, bypassing, or otherwise defeating in any way any Robot Cache security, technology or limitation, or design.
TERMINATION OF SUBSCRIPTIONS AND LICENSES
To access the Platform or any component therein (including without limitation all Content, Services, and Subscriptions) you must have and maintain a current Account. The respective Content, Service, or Subscription license granted to you (as discussed in this Agreement) terminates automatically in the event we or you terminate your Account, unless otherwise agreed in a prior writing by Robot Cache. Additionally, if you resell Content, pursuant to our Resale Policy, the rights and licenses granted to you in the subject Content or Services terminate immediately.
In our sole and good faith discretion, we reserve the right to limit, terminate, or suspend your Account, or any access, right, or license granted to you if you violate the terms of this Agreement, the RC Policies, any governmental laws or regulations, any third-party’s or Affiliate’s EULA, or any rule or guideline to which you have been notified or posted in our Community, Store, Website, or sent to you by email.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future worldwide copyrights, trademarks, trade secrets, patents rights, moral rights, works of authorship, Internet domain names, social media accounts, user names, handles, know-how, databases, data compilations and collections, and all other intellectual property and proprietary rights now known or hereafter recognized by the law of any applicable jurisdiction.
You agree that the Platform and all components therein contain certain patentable and copyrightable materials, including, without limitation, text, animations, sounds and music, pictures, videos, graphics, audio-visual works, software, characters, icons, upgrades, links, and other content and features, and all associated trademarks, service marks, titles, names, and locations.
Robot Cache and its respective third-party developers, publishers, and Affiliates reserve all Intellectual Property Rights in all the content appearing on the Platform. Unless expressly authorized by Robot Cache, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of any Content, Services, Subscriptions, or any feature, function or component of the Platform unless authorized in advance and in writing by Robot Cache. You further agree that you may not use any Robot Cache Content, Services, Subscriptions or any other feature, function, or offering available within the Platform not authorized in advance and in writing by Robot Cache, nor will you use any of the foregoing in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Robot Cache or our third-party developers and publishers and Affiliates. Nothing contained in this Agreement or the RC Policies, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content, Services, Subscriptions, the Platform, or any other goods or services in any manner or form other than as expressly authorized by this Agreement.
Content You Supply
Compliance. Robot Cache, including our third-party developers and publishers and Affiliates, may but are not required to allow you to create or supply content to the Community, Store or Websites, or to or on any other location or software that may be viewed and accessed by others. In supplying any such content, you agree not to post anything that violates the terms of this Agreement, the RC Policies, and any applicable EULA. Any content you provide that violates any of the foregoing agreements may be removed without notice to you.
Right Granted to Us in Your Content. In the event you post or provide content as provided in the above paragraph, you grant Robot Cache and our and third-party developers and publishers and Affiliates a royalty-free, perpetual, irrevocable, sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote that content in any way and in any commercial or non-commercial medium now known or hereafter developed for any purpose whatsoever, without compensation to you or the provider of the submission.
No Expectation of Privacy. You further understand and agree that our forums, blogs, and the public areas included in our Community, Store, and elsewhere on our Websites are public and not private communications, and that you have no expectation of privacy concerning your use of the same. Any personal information you communicate via any of the foregoing may be seen and used by others and may result in unsolicited communications. We strongly encourage you avoid disclosing your personal information in these public areas. Robot Cache is not responsible for any information you communicate through these forums, blogs, and public areas.
Proper Use of THE PLATFORM
You may not use any program, hacking, spyware, spider, bot, corrupted file, time bomb, or any other means—manually or automated—to gather or harvest information from the Platform or any Content, Services or Subscriptions.
You acknowledge and agree that you are responsible and liable for any content you supply to us. You agree that by posting any content to or through any of the foregoing, you represent and warrant that (a) you own or otherwise control all of the rights, including without limitation all copyrights and trademarks, to your content or are otherwise legally entitled to post the submission; (b) the content is accurate and truthful; (c) use of the content you supply does not violate this Agreement, the RC Policies, or any laws or regulations, and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify Robot Cache and its third-party developers and publishers and Affiliates against all claims resulting from any content or information that you supply, provide, or transmit to Robot Cache or its third-party developers or publishers or Affiliates via the Platform. Robot Cache has the right at its sole discretion, but not the obligation, to monitor and edit or remove any activity or content that you provide.
Notwithstanding our rights to remove and monitor content you provide, you understand and agree that we have no obligation to monitor or screen the public areas of our Community or any other Platform component, including the content you provide. With regard to your Platform activities, you acknowledge and agree that Robot Cache has the right but not the obligation to take any of the following actions at its sole discretion:
- Alter, remove, or refuse to post or allow any content or message to be posted or stored on the Platform or on or through any Content or Services.
- Monitor or filter any communications that you or any third-party may post or make available on the Platform or on or through any Content or Services.
- Disclose any content, message, or communication that you may post to the Community, in the Store, on our Websites, or on or through any Content or Services in order to protect Robot Cache and its third-party developers and publishers and Affiliates, and other Account Users; and to otherwise comply with legal obligations or governmental requests; or enforce the terms of this Agreement, the RC Policies, and any third-party or Affiliate EULA; or for any other reason or purpose.
Third-party Websites AND AFFILIATES
Robot Cache, including our third-party developers and publishers and Affiliates, may include hyperlinks to websites and services and goods controlled by third-parties. You agree that neither Robot Cache, nor our third-party developers or publishers or Affiliates, are responsible or liable for any content or claims or other materials offered by such third-party websites. You also agree that neither Robot Cache nor our third-party developers or publishers or Affiliates are responsible for any transactions or dealings between you and any third-party outside the Platform, nor are we responsible for any claim or loss due to a third-party website.
Sweepstakes and Contests
From time to time we and our third-party developers and publishers and Affiliates may offer or allow you to participate in promotions, giveaways, contests and sweepstakes (each, a “Promotion”) via the Platform, or through a third-party service or product. Your participation in any such Promotion is subject to the official rules or guidelines governing that Promotion. Robot Cache may announce rules in connection with a Promotion, but regardless of whether specific rules are announced, all such Promotions shall be subject to any relevant laws and regulations and controlled by this Agreement and the RC Policies, unless specifically superseded by the Promotion-specific rules. As a condition to receiving any awards or prizes for participating in a Promotion, you may be required to provide additional information and sign a release or authorize the use of certain biographical or other information about you in Robot Cache’s marketing materials. You acknowledge and agree that if a third-party administers any Promotion, Robot Cache is not responsible for such third-party Promotion.
Robot Cache and our third-party developers and publishers and Affiliates, provide the Platform (including without limitation the Community, Store, Websites, Content, Services and Subscriptions) "AS IS,” and make no express or implied warranties or guarantees about any of the foregoing. TO THE EXTENT PERMITTED BY LAW, ROBOT CACHE AND OUR THIRD-PARTY DEVELOPERS AND PUBLISHERS AND AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT ANY CONTENT, SERVICE, OR ANY ASPECT OR FEATURE OR FUNCTION OF THE PLATFORM WILL BE MERCHANTABLE OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ROBOT CACHE AND OUR THIRD-PARTY DEVELOPERS AND PUBLISHERS AND AFFILIATES MAKE NO GUARANTEE THAT THEIR CONTENT OR SERVICES OR ANY FEATURES, FUNCTIONS, OR ASPECTS OF THE ECOSYSTEM WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
Limitation of Liability
Unless specifically limited or disallowed by the laws of your jurisdiction, you agree to the following:
NEITHER ROBOT CACHE NOR OUR THIRD-PARTY DEVELOPERS NOR OUR PUBLISHERS NOR OUR AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF ANY FEATURE, FUNCTION, OR ASPECT OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE COMMUNITY, STORE, WEBSITES, OR ANY CONTENT OR SERVICES OR SUBSCRIPTIONS), INCLUDING WITHOUT LIMITATION ANY LOSS OR CLAIMED LOSS RESULTING FROM YOUR INABILITY TO USE ANY OF THE FOREGOING OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY OF THE FOREGOING. NEITHER ROBOT CACHE NOR ITS THIRD-PARTY DEVELOPERS OR PUBLISHERS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ANY ASPECT OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE COMMUNITY, STORE, WEBSITES, CONTENT, SERVICES, AND SUBSCRIPTIONS OFFERED THEREIN), OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY OF THE FOREGOING WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
Furthermore, neither Robot Cache nor its third-party developers or publishers or Affiliates make any representation regarding your ability to transmit and receive information from or through the Platform or any component therein. You acknowledge and agree that your ability to access the Platform may be impaired. Robot Cache, its third-party developers and publishers and Affiliates disclaim any and all liability resulting from or related to such events.
Choice of Law and Location for Resolving Disputes
THE PROVISIONS OF THIS DISPUTE RESOLUTION SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION. Because these procedures can affect your legal rights, please make sure you understand the terms of these provisions.
If the laws of your jurisdiction prohibit or limit the application of some or all of the arbitration provisions in this Section, such provisions will not apply to you, but you nevertheless agree that the terms of the Good Faith Negotiations below will apply.
You acknowledge and agree that any disputes between us with regard to this Agreement or your use of the PLATFORM, OUR WEBSITES, OR ANY COMPONENTS, FUNCTIONS, OR FEATURES (INCLUDING ALL CONTENT, SERVICES, AND SUBSCRIPTIONS) will be, after our good faith negotiation as set forth in the Good Faith Negotiation Section below, settled through binding arbitration, including, without limitation, all claims based in contract, tort, fraud and misrepresentation, unfair competition, product liability, and all other legal theories. You also agree to a class action waiver as set in the Class Action Waiver Section below.
GOOD FAITH NEGOTIATION
Most, if not all the disputes that arise between us are likely to be resolved without the need for legal action. As such, we agree that prior to the commencement of any claim or initiating arbitration, we will each make good faith efforts to informally resolve our dispute in good faith. As a first step, the party claiming a dispute (the “Claiming Party”) is required to send a written notice to the other party (the “Infringing Party”), in which the nature and basis of the Claiming Party’s claim and the relief that party seeks is specified in reasonable detail. If after the Claiming Party’s receipt of that notice, the parties are still unable to resolve a claim within thirty (30) days, the Claiming Party may commence arbitration as set forth in Arbitration Proceedings Section below.
Prior to commencement of arbitration, you are required to send notice to Robot Cache and in sufficient detail to the following address:
5910 Pacific Center Blvd. San Diego, CA 92121
We each agree that all arbitration proceedings will be made before a neutral arbitrator in lieu of a judge or jury. Arbitration will be conducted in the city of San Diego, California under the commercial rules and procedures of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes where applicable. We further agree that at the request of either party, the AAA will appoint a panel of three arbitrators and, if feasible, include one arbitrator of the three who possess knowledge of computer software products and their distribution, including digital distribution; provided further that arbitration will proceed even if such a person is unavailable. The award may be enforced in any court of competent jurisdiction.
We each further agree that these terms of arbitration do not apply to claims made by Robot Cache regarding (i) copyright, trademark, trade secret, patent, or other intellectual property rights claims made by Robot Cache; or (ii) any unlawful or unauthorized access to Robot Cache’s computer systems or data, including, without limitation, any claim of intent to damage Robot Cache’s computer systems or data, loss or damage of Robot Cache’s computer systems or data made by Robot Cache.
WAIVER OF CLASS ACTION
NOTWITHSTANDING OUR AGREEMENT TO ARBITRATION, YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF THE AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW THE SAME. IN THE EVENT OF AN ARBITRATION AWARD, WE EACH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
In the event any portion of the arbitration provision above or this class action waiver is deemed illegal or unenforceable, we agree that such illegal or unenforceable terms shall not be severed from this Agreement and the entire arbitration and class action waiver terms shall be deemed unenforceable.
In Lieu of Arbitration
In the event that Arbitration or waiver of class action is unlawful or disallowed, you agree that before initiating any legal action, you will make a good faith effort to resolve any dispute with us first. If, after such good faith effort, your dispute is still unresolved, you agree that the dispute may be resolved under the terms set forth below.
- If the arbitration provisions contained in this Agreement does not apply to you by operation of your country’s laws, you agree that the laws of the state of California, United States of America and United States federal law govern this Agreement, its subject matter, your use of all features, functions, and aspects of the Platform and all Content, Services, and Subscriptions offered therein, and any claim or dispute that you may have against us or our third-party developers and publishers and Affiliates, without regard to its conflict of laws rules. You further consent to the personal jurisdiction of and the exclusive venue in the federal and state courts located in and serving San Diego, California.
Previews. From time to time, we may but are not obligated to provide Content, Services, and Subscriptions prior to their general, commercial release (“Previews”). The rights and licenses to such Previews may differ from other Subscription licenses. For example, the duration of that respective license, refund requirements, required feedback, restrictions from releasing, and other participation requirements, warranties, and liabilities may vary. You are advised to carefully read and understand all terms of such Preview agreements before acquiring a Subscription to it.
Modifications. You acknowledge and agree that we may provide you notices and other information concerning any part, component, or function of the Platform (including legal notifications) electronically at the email address that you have provided during registration or later amended though the Platform. In the event we modify this Agreement, the RC Policies, or any other terms of service, we will notify you via the email address you have provided, or we may alternatively publish notification of these modifications in the Community and/or on the Websites. By accessing or continuing to access any part, component, or function of the Platform after receiving notice of any of modifications, you are signifying your agreement to be bound by those modified terms.
We reserve the right to discontinue or change any content, service, function, or feature of the Platform, including any Content, Services or Subscriptions. We may also change the terms of this Agreement at any time. In the event of any such change or revision, the revised Agreement supersedes all previous notices or statements. For this reason, we encourage you to review this Agreement regularly. We also recommend that you print out a copy for your records.
Indemnification. You agree to defend, indemnify, and hold harmless us, our third-party developers and publishers and Affiliates, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of any part, function, or component of the Platform, including any Content or Services. We and our third-party developers and publishers and Affiliates reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Severability and Integration. This Agreement and any supplemental terms, the RC Policies, and any rules or guidelines posted in the Community, Store, and Websites, within or in conjunction with any Content or Services, constitutes the entire agreement between us and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Alleged Violations. To ensure that Robot Cache provides a high-quality experience for you and other Account Users, and other users and visitors to our Platform, you agree that Robot Cache and third-party developers and publishers and Affiliates may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses within the Platform. Robot Cache does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate or limit your Account or your access to any part of the Platform immediately with or without notice to you and without liability to you if we believe that you have violated this Agreement, the RC Policies, a third-party’s EULA or any other term of service, furnished us with false or misleading information, or have otherwise interfered with use of any part, component, or function of our Platform.
Claims of Infringement. Robot Cache complies with the U.S. Digital Millennium Copyright Act of 1998 (the “DMCA”) which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We also respect the intellectual property rights of others. We have adopted a Copyright Enforcement Policy that provides for the immediate suspension and/or termination of any Account where an Account User is found to have infringed the rights of Robot Cache, its third-party developers and publishers and Affiliates, or any third-party, or otherwise violated any intellectual property laws or regulations. After your review of our Copyright Enforcement Policy, if you believe that your work has been violated in the Community, the Store, on our Websites, or within any Content or Services in a way that constitutes copyright infringement, please contact us at contact@RobotCache.com
If you have questions at any time, please contact us at contact@RobotCache.com.
This Agreement was last updated as of June 13, 2019