EARLY ACCESS AGREEMENT
Welcome to Robot Cache! This Early Access Agreement (this “Agreement”) is between you and Robot Cache, S.L. and its affiliates (collectively, “Robot Cache”). Throughout this Agreement, we may refer to you as “you” or “your” or “yourself”; and we may refer to ourselves as “Robot Cache” or “us” or “our”. The purpose of this Agreement is to allow you an early look at the Robot Cache Ecosystem (as defined below). You agree that by participating in this Early Access Program, you will abide by all the rules of this Agreement.
Robot Cache is providing you and other qualified individuals the opportunity to provide feedback of the Robot Cache Ecosystem, including, among other things, its features and performance. Please understand that the Robot Cache Ecosystem version you will be accessing is not the completed or final version. Additionally, you may be asked to download other materials and instructions in connection with this Agreement.
To participate in our Early Access Program, you acknowledge and agree you are entering into this Agreement on a voluntary basis and are not expecting any form of compensation whatsoever, other than a licensed use of the Robot Cache Ecosystem under the terms of this Agreement. You also agree that Robot Cache has not made any other promises to you, whether express or implied, regarding any form of consideration for your use of the Robot Cache Ecosystem.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE ROBOT CACHE ECOSYSTEM OR ANY OF ITS COMPONENTS, AND YOU MUST PROMPTLY CEASE ALL SUCH ACCESS AND USE.
1.1 “Cash Wallet” means the systems and software necessary to conduct transactions using real world currencies in the Robot Cache Ecosystem.
1.2 “Community” means the community forums, activities, blogs, and other public services and offerings within the Robot Cache Ecosystem.
1.3 “In-Game Content” means digital items, as authorized by Robot Cache or authorized third-parties, acquired by Users as a result of game play or use, for example, in-game objects, clues, and earned in-game items.
1.4 “Iron” is the digital currency you use in some but not all instances to acquire Digital Content from our Store and to trade In-Game Content in our Marketplace.
1.5 “Iron Wallet” means the systems and software in the Robot Cache Ecosystem necessary to conduct transactions using Iron.
1.6 “Marketplace” means the systems and services you use in the Robot Cache Ecosystem to trade and purchase In-Game Content from other Robot Cache Users.
1.7 “Publisher Content“ means games and downloadable content (e.g. video games and DLC) offered directly by us or by authorized third-parties in the Robot Cache Ecosystem.
1.8 “Robot Cache Ecosystem” means our Community, Store, Websites, Marketplace, Iron Wallet, Cash Wallet, Publisher Content and In-Game Content as defined in this Agreement, along with all other services, software, and offerings provided by Robot Cache in the Robot Cache Ecosystem.
1.9 "Services” are the services offered by Robot Cache and authorized third-parties, for example online subscriptions and similar offerings within the Robot Cache Ecosystem.
1.10 “Store” mean the systems and services you use in the Robot Cache Ecosystem to acquire and release Digital Content Subscriptions in the Robot Cache Ecosystem.
1.11 “Subscriptions” are the licensing rights granted to you to access the Robot Cache Ecosystem and to access and use Publisher Content and In-Game Content; and conversely, the on-going services of Robot Cache and its affiliated third-parties to provide you the Robot Cache Ecosystem under the terms of this Agreement.
1.12 “Users” mean the individuals licensed and authorized by this Agreement to access and use the Robot Cache Ecosystem and its components.
1.13 “Websites” mean the Internet sites you access or link when accessing the Robot Cache Ecosystem.
2. CONTRACTING PARTIES.
2.1. Unless indicated at the time of a transaction (for example, when you attach a Subscription to Publisher Content to your Account) such transaction is made between you and us. Additionally, when you participate in our online forums or engage in other services, features, or activities using the Robot Cache Ecosystem, the contractual agreement is between you and us.
2.2. Conversely, when you attach a Subscription for Publisher Content, for example, a video game EULA, that a third-party may require, the terms of any such contractual agreement are between you and the third-party.
3. AGE REQUIREMENT.
3.1. If you are over the age of eighteen or the age of majority in your country, welcome aboard!
4.0 Registration AND YOUR ROBOT CACHE ACCOUNT.
4.1. Before accessing or using the Robot Cache Ecosystem, conducting any transactions in our Marketplace or Store, or participating in any other Robot Cache service or offering, you are first required to register with us. During the registration process, you are required to provide contact information, which may include your date of birth, email address, credit card information, and other necessary information. You are also required to create a username and password. You may select a username of your preference, provided it meets our security requirements and provided that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may but are not obligated to use your own name. If you use your own name, you consent to it being passed to others publically through our Community, including our blogs, forums, and other publically accessible areas of the Robot Cache Ecosystem. Be aware that Robot Cache reserves the right to reject or remove any username.
4.2. Your Account. After completing our registration process, you will be assigned a Robot Cache account (an “Account”), which is accessible to you online. Your Robot Cache Account includes your billing information, Iron Wallet, and Cash Wallet. Your Iron Wallet and Cash Wallet allow you to view, monitor, and manage your Iron balance, cash balance, Publisher Content and In-Game Content Subscriptions, Services Subscriptions, and other purchases and personal information.
4.3. Keep All Information Confidential. It is vitally important that you do not disclose or share your Account password or the information contained in your Iron Wallet or Cash Wallet with anyone, except when authorized by us.
ALTHOUGH we may assist you from time to time with your Account, IRON Wallet, and CASH WALLET, you alone are responsible for the confidentiality of your Account password, IRON Wallet, CASH WALLET and all communications and activities that you conduct IN ROBOT CACHE ECOSYSTEM.
4.4. Accidentally Disclosing your Password. If you unintentionally or negligently disclose your Account password or information contained in your Iron Wallet or Cash Wallet, you are solely responsible for any action that results. If you believe someone is using or has fraudulently used your Account, Iron Wallet, or Cash Wallet, or if you believe the confidentiality of either has been compromised, you must change your password immediately and notify us here.
4.5. Personal Use Only. Be aware that the Robot Cache Ecosystem is for your personal, lawful, non-commercial use only. All information and data in your Account, Iron Wallet, and Cash Wallet are strictly personal. You cannot sell or charge others for the right to use your Account or your Iron Wallet or Cash Wallet, nor can anyone but you access your Account, Iron Wallet, Cash Wallet or any function or feature of Robot Cache Ecosystem using your Account. You may not transfer your Account or Iron Wallet or Cash Wallet, nor may you sell or charge others for the right to use or transfer any of your Publisher Content or In-Game Content Subscriptions, or any other item, digital or physical, except under the terms of this Agreement.
5. IRON. Robot Cache’s platform credit is Iron. Users may receive Iron through special promotions, reselling of games and participation in RC's mining pool. Within the Robot Cache Ecosystem, Users may conduct certain transactions using Iron when acquiring Publisher Content and In-Game Content Subscriptions, and to otherwise purchase or participate in certain goods and services. Special attention has been paid to ensure that Iron is maximally effective for supporting the Robot Cache community and is intended to stay within the Robot Cache ecosystem. Iron has no cash value. For avoidance of doubt, Robot Cache does not offer a fiat (real world monies) to IRON exchange, nor can Iron be transferred, gifted, or used to purchase goods or services or acquire Subscriptions on any platform other than within the Robot Cache Ecosystem. Iron will not be listed on any exchanges nor will Users have an ability within the Robot Cache Ecosystem to list, sell, or otherwise speculate on Iron. IRON IS NOT INTENDED TO CONSTITUTE A COMMODITY, SECURITY, FINANCIAL INSTRUMENT OR ANY OTHER FORM OF INVESTMENT IN ANY JURISDICTION.
6. PUBLISHER CONTENT AND SERVICE SUBSCRIPTIONS.
6.1. Defining Subscriptions. Publisher Content, e.g. games and DLC, are individually identifiable in the Robot Cache Ecosystem. As an authorized Robot Cache Account owner, you may attach a Publisher Content subscription to your Account by redeeming Iron or paying in fiat currency (real world monies) in accordance with criteria determined solely by Robot Cache. Each Publisher Content, In-Game Content, or Service subscription you attach is licensed to you personally under the terms of this Agreement and the limitations of any third-party publisher’s or provider’s end user license agreement.
6.2. DIGITAL CONTENT OFFERED IN THE ROBOT CACHE ECOSYSTEM ARE LICENSED AND NOT SOLD. When you attach a Subscription to your Account, you are granted a limited, non-transferable, terminable license to that particular good or service as provided in this Agreement and any third-party’s required end user licensing agreement. This license does not grant you any ownership or title in any such good or service. Rather, the Subscriptions you acquire grant you a limited and terminable license to access such software or services under the terms of this Agreement, any third-party required end user licensing agreement, and provided that you maintain an Internet connection while using any the software or service. In some cases, you may also be required to install and execute a Robot Cache client application as discussed later in this Agreement.
6.3. No Assignments or Transfers. For avoidance of doubt, Robot Cache does not recognize transfers, assignments, or the attachment of any Publisher Content, In-Game Content, or Service Subscription (including transfers or assignments by operation of law) outside of Robot Cache Ecosystem, in violation of this Agreement, our Privacy Agreement, Terms of Service, or the limitations required by a third-party end-user licensing agreement.
6.4. Releasing Subscriptions. Under certain criteria, determined by Robot Cache in its sole discretion, and which may be further limited by a third-party’s end user license or other terms of release (including timing, pricing, and other conditions), you may release a Publisher Content Subscription into our Marketplace or Store as Robot Cache may determine from time to time. Robot Cache may charge a fee (for example, in the form of an Iron or cash debit) for facilitating your Subscription release and subsequent acquisition by another Account owner, and provided further that any such fees are disclosed to you prior to the release.
6.5. Acquiring Previously Released Subscriptions. Upon your release of a Publisher Content or Service Subscription, you authorize Robot Cache to withdraw that Subscription from your Account and list it in the Robot Cache Ecosystem in a manner and means as Robot Cache determines from time to time in its sole discretion. Once Robot Cache makes your prior Subscription available to other Users, the associated Publisher Content or Service Subscription is available for their acquisition. When you release PUBLISHER Content OR Service Subscriptions into the Marketplace, HOWEVER, Robot Cache does not guarantee that another Account Owner will ACQUIRE that Subscription or that you will be credited Iron or any other prize or benefit unless and until a RELEASED Subscription is actually ACQUIRED by another USER under the terms of this Agreement. In the event another Account Owner desires to attach your Subscription, then you will be awarded Iron and other prizes as specified at the time you first release your Subscription. For example, if you release a Subscription for Game A into the Marketplace and another Account Owner thereafter acquires the Game A Subscription, then Iron or other prizes in the amount specified at the time you first released your Subscription will be credited to your Account and reflected in your Iron Wallet.
6.6. Re-Attaching Subscriptions. After releasing a software or service Subscription but prior to another Account Owner acquiring that Subscription, you may re-attach your original Subscription back to your Account in accordance with the terms of this Agreement. When your Subscription re-attaches, the rights and licenses in the subject software or service will automatically re-attach to your Account.
6.7. Right to Terminate. Additionally, Robot Cache reserves the right to limit or terminate your ability to release Subscriptions at any time and without cause. You also acknowledge and agree that Robot Cache may terminate or cease operation of the Robot Cache Ecosystem or any component therein at any time and without cause. Robot Cache also reserves the right to change fees and to otherwise modify or remove Robot Cache Ecosystem features, functions, and eligibility requirements in whole or part and without liability to you, regardless of whether such action prevents or hinders you from releasing or acquiring any software, good, or service.
7.0 UPDATING CONTENT. You acknowledge and agree that Robot Cache and/or any third-party providing Publisher Content or Services may from time to time automatically update, replace, load, revise, or otherwise modify the Publisher Content affiliated with your Account. You acknowledge and agree that you are not entitled to any such new versions, updates, features, or enhancements resulting from any Subscription you have acquired unless the update is made specifically to the Publisher Content or Service attached to your Account as determined by Robot Cache or the issuing third-party.
8.0 PAYMENTS AND PROCESSING.
8.3. Payment Requirements. All charges you make using your Account, including all Subscription fees and charges, are made via your Cash Wallet or Iron Wallet. All such charges are final, unless otherwise noted at the time the charge is first made. You further acknowledge and agree that when you provide payment information to us, for example, by providing us your credit card or PayPal information, you represent and warrant that you are the authorized user of the card or account, and you authorize Robot Cache to debit (to charge) that account in order to process your Subscription fees and other charges incurred by you. In the event a Subscription requires a reoccurring payment, for example in order to provide you monthly, on-going access to a game or service, you agree and authorize such reoccurring debits (charges) to your Account and credit card or other payment method. You also agree that you will immediately notify us, and in the event, your credit card or other payment method changes or is discontinued, you agree to use your best efforts to immediately provide new or modified credit card or account information so that we can order resume an authorized debit (charge) to your Account.
8.4. 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/or access to the Robot Cache Ecosystem or any component therein in the event your Account is unpaid or not timely settled.
8.5. The purchases and fees you authorize via your Account may require the payment of sales tax, VAT, or other gubernamental fees and charges. You hereby authorize Robot Cache to charge you for all sales taxes, VAT, and other gubernamental fees and charges resulting from your purchase or use of the Robot Cache Ecosystem, including all Subscription fees and purchase amounts. All such charges will be reflected in your Account. Furthermore, when you release a Subscription and the same is thereafter attached to another Authorized User, you may be awarded Iron or other prizes as explained elsewhere in this Agreement. You acknowledge and agree that you are solely responsible for all taxes and governmental fees and charges that may be due as a result of this transaction. 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 personal 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 your all your Marketplace activities.
9.2. Client-Server and Multiplayer Access. Subscriptions attached to your Account may allow you access or communicate via our Community and other Robot Cache Ecosystem functions and features, including, without limitation, to client-server software and systems. Your registration and Subscriptions may also allow you to access client-server software and features hosted by us or our third-party developers and partners for the purpose of hosting multiplayer games and services. Such features are provided at Robot Cache’s and/or a third-party’s sole discretion and your access to any such multiplayer or client-server features or functions may be modified or terminated by Robot Cache at any time.
9.3. Limited Purpose. For avoidance of doubt, you are not authorized to use or exploit any Publisher Content, In-Game Content, or any Services or offerings available in the Robot Cache Ecosystem for any purpose other than as permitted by this Agreement and within the limitations of your Subscriptions and associated third-party agreements. In all cases, your use and operation of the Robot Cache Ecosystem and all components therein must in compliance with the laws of your country and state, and under no circumstances 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 in the Robot Cache Ecosystem.
9.4. Further Limitations. In addition to the foregoing, you are not authorized or entitled to use any Publisher Content, In-Game Content, or Service or offering available in the Robot Cache Ecosystem for any purpose other than your personal use and enjoyment. Your access to and license to all such software and services does not in any way grant you 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. In no cases are you permitted to emulate, tunnel, modify, adapt, or access Publisher Content, In-Game Content, Service, or any software or technology associated with Robot Cache Ecosystem in effort or for the purpose of emulating, modifying, tunneling, bypassing, or otherwise defeating in any way any Robot Cache security, technology or limitation, or design.
10. TERMINATION OF SUBSCRIPTIONS AND LICENSES.
10.1. To access the Robot Cache Ecosystem or any component therein, you must have and maintain a current Account. The Subscription licenses granted to you will terminate automatically in the event we or you terminate a Subscription or your Account unless otherwise agreed in prior writing by Robot Cache. Additionally, when you release a Subscription, the rights and licenses granted to you in the subject Publisher Content, In-Game Content or Service terminates upon such release.
11. Intellectual Property Rights.
11.1. “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 other intellectual property and proprietary rights now known or hereafter recognized by the law of any applicable jurisdiction. You agree that the Robot Cache Ecosystem and all components therein contain 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.
12. Content You Supply.
12.2. Right Granted to Us in Your Content. In the event you post content on any blog, forum, or other public area of the Community, Marketplace, Store, on elsewhere on our Websites, or as a result of any Publisher Content or Service feature, you grant us and our affiliates and third-party developers and publishers a royalty-free, perpetual, irrevocable, sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this 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.
12.3. No Expectation of Privacy. You further understand and agree that our forums, blogs, and the public areas included in the Community, Marketplace, 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.
13. Proper Use of THE ROBOT CACHE ECOSYSTEM.
13.2. 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 Community, the Marketplace, Store, our Websites, or any Publisher Content, In-Game Content, or Services.
13.4. 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 the Robot Cache Ecosystem or the content you provide, including without limitation via our Community forums, blogs, public areas, and any content or other materials that you or any third-person transmits or posts to the Robot Cache Ecosystem. With regard to these activities by you, 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:
(a) Alter, remove, or refuse to post or allow any content or message to be posted or stored on the Robot Cache Ecosystem or on or through Publisher Content, In-Game Content, or Services.
(b) Monitor or filter any communications that you or any third-party may post or make available on the Robot Cache Ecosystem or on or through Publisher Content, In-Game Content, or Services.
14. Third-party Websites AND AFFILIATES. Robot Cache, including our affiliates, third-party developers and publishers, may include hyperlinks to websites and services controlled by third-parties. You agree that neither Robot Cache, nor our affiliates, third-party developers or publishers, are responsible or liable for any content or claims or other materials on such third-party sites. You also agree that neither Robot Cache nor our affiliates, third-party developers and publishers are responsible for any transactions or dealings between you and any third-party outside the Robot Cache Ecosystem, nor are we responsible for any claim or loss due to a third-party site.
16. Warranty Disclaimer. Robot Cache, including our affiliates and third-party developers and partners, provide the Community, Marketplace, Websites, and Digital Content, and Services "AS IS." We make no express warranties or guarantees about any of the foregoing. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THIS WEBSITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
17. Limitation of Liability.
17.1. Unless specifically limited or disallowed by the laws of your jurisdiction (e.g. the EU), you agree to the following:
(a) NEITHER ROBOT CACHE NOR OUR AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT, YOUR USE OF THE COMMUNITY, MARKETPLACE, OUR WEBSITES, OR THE DIGITAL CONTENT AND SERVICES YOU ATTACH,- INCLUDING WITHOUT LIMITATION ANY LOSS OR CLAIMED LOSS RESULTING ROM YOUR INABILITY TO USE ANY OF THE FOREGOING OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THESE PRODUCTS AND SERVICES. NEITHER ROBOT CACHE NOR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS 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 THE COMMUNITY, MARKETPLACE, WEBSITES, DIGITAL CONTENT, OR SERVICES, 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, and
(b) Neither Robot Cache nor its affiliates or third-party developers or publishers make any representation regarding your ability to transmit and receive information from or through the Robot Cache Ecosystem or any component therein. You acknowledge and agree that your ability to access the Robot Cache Ecosystem may be impaired. Robot Cache, its affiliates, third-party developers, and publishers disclaim any and all liability resulting from or related to such events.
19. DISPUTE RESOLUTION
19.1. Section 19.1, Section 19.2, Section 19.3, and SECTION 19.4 will apply TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION. In other words, if laws of your jurisdiction prohibit or limit the application of some or all of the arbitrations provisions in this Section 19, such provisions will not apply to you, but in such event, you agree that the terms of Section19.5 will apply.
19.1 You acknowledge and agree that any disputes between us with regard to this Agreement or your use of the ROBOT CACHE ECOSYSTEM OR ANY COMPONENTS THEREIN will BE, after THE good faith negotiation PROCEDURE as set forth in Section 19.2 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.
Because these procedures can affect your legal rights, please make sure you understand the terms of these provisions.
19.2. 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 any such dispute in good faith. As a first step, a party claiming a dispute (the “Aggrieved Party”) is required to send a written notice to the other party (the “Infringing Party”), in which the nature and basis of the Aggrieved Party’s claim and the relief that party seeks is specified in reasonable detail. If after the Infringing Party’s receipt of that notice, the parties are still unable to resolve a claim within thirty (30) days, the Aggrieved Party may commence arbitration as set forth in Section 19.3 below.
19.3. Arbitration Proceedings.
(a) Prior to commencement of Arbitration, you will send notice to Robot Cache in sufficient detail as set forth above to the following address: Robot Cache: El Pilar No. 5, Edificio Peceno Local 9, 38002 Santa Cruz se Tenerife, Spain.
(b) You and we 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 Los Angeles, 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 possesses knowledge of computer software products and their distribution, including digital distribution; provided that arbitration will proceed even if such a person is unavailable. The award may be enforced in any court of competent jurisdiction.
(c) We each further agree that in the event a dispute where the remedy you seek is less than $10,000 and provided you have complied with the good faith negotiations set forth in Section 19.2, Robot Cache will reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. Robot Cache further agrees that it will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If the remedy you seek more is $10,000 or more, the arbitration costs, including arbitrator compensation, will be divided equally between you and Robot Cache in accordance with the AAA Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
(d) Finally, we each agree that these terms of arbitration do not apply to claims made by Robot Cache regarding (a) copyright, trademark, trade secret, patent, or other intellectual property rights claims made by Robot Cache; or (b) 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.
19.4. WAIVER OF CLASS ACTION. NOTWITHSTANDING OUR MUTUAL AGREEMENT TO ARBITRATION, WE EACH AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW THE SAME. IN THE EVENT OF AN ARBITRATION AWARD, WE 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. WE ALSO MUTUALLY 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 this arbitration provision or the class action waiver is deemed illegal or unenforceable, we each agree that such illegal or unenforceable terms shall not be severed from this Agreement, and the entire arbitration and class action wavier terms shall be deemed unenforceable.
19.5. In Lieu of Arbitration. In the event that Arbitration or waiver of class action is unlawful or disallowed in your jurisdiction, you agree that before initiating any legal action, you will make a good faith effort to resolve any such 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 in Section 19.5(a) and Section 19.5(b) below.
(a) If for any reason the arbitration provisions contained in this Agreement do not apply to you by operation of your country 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 the Robot Cache Ecosystem and all Publisher Content, In-Game Content, and Services, and any claim or dispute that you may have against us or our affiliates, third-party developers, or publishers, 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 Los Angeles, California.
20.1. Previews. From time to time, we may but are not obligated to provide Publisher Content prior to its general, commercial release (“Preview Software”). The rights and licenses to such Preview Software may differ from other Subscription licenses—for example, the duration of the license, required feedback, restrictions from releasing, and other participation requirements, warranties, and liabilities. You are advised to carefully read and understand all terms of such Preview Software Agreements before attaching a Subscription to it.
(b) We reserve the right to discontinue or change any content, service, function, or feature of the Robot Cache Ecosystem, including any Publisher Content, In-Game Content, or Service. 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 regarding the Robot Cache Ecosystem and all materials, components, content, and applications contained therein. For this reason, we encourage you to review this Agreement often. We also recommend that you print out a copy for your records.
20.4. Idemnification. You agree to defend, indemnify, and hold harmless us, our affiliates, and third-party developers and partners, 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 Robot Cache Ecosystem, including Publisher Content, In-Game Content, and Services. We and our affiliates, third-party developers, and publishers 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.
20.5. Severability and Integration. This Agreement and any supplemental terms, policies, rules or guidelines posted in the Community, Marketplace, Store, on our Websites, or with or in conjunction with any Publisher Content, Services, or other communications we provide to you where the terms of this Agreement are expressly modified 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.
20.7. Claims of Infringement by Third-Parties. Robot Cache also complies with the 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 policy that provides for the immediate suspension and/or termination of any Account where the User is found to have infringed the rights of Robot Cache, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations. If you believe that your work has been violated on the Community, in our Marketplace, on our Websites, or within Digital 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 August 16, 2018.