Rainmaker Games Website Terms
Updated: Feb 27th 2023
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH RAINMAKER GAMES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
TO USE THE SERVICES, YOU MUST: (I) BE AT LEAST 18 YEARS OLD (AN ADULT); (II) BE AN EMANCIPATED MINOR; OR (III) HAVE VALID PARENT OR LEGAL GUARDIAN CONSENT TO BE BOUND BY THESE TERMS. If you are not an adult or emancipated minor, or do not understand this Section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of a minor who uses the Services, you and the minor must accept and agree to be bound by these Terms. You are also responsible for all use of the account and compliance with these Terms by the minor, including all purchases made on the account. You may not create or use an account or use any of the Services on behalf of any other person or other legal entity or for a commercial purpose. You certify that you have all requisite power, authority, and capacity to enter into and use the Services contemplated by these Terms.
If you are under the age of 13 and are not an emancipated minor, do not use or provide any information on our Services or on or through any of its features, use our Services, make any purchases through the Services, use any of the interactive or public comment features of the Services, or provide any information about yourself to us. If you believe we may have any information from or about anyone under the age of 13who is also not an emancipated minor, please promptly contact us at email@example.com.
Rainmaker Games reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. If we make material changes to these Terms, we will notify you here, by email, or by means of a notice on our home page. The date of the last update of the Terms is indicated at the top of these Terms.
Because we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.
Because we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Rainmaker Games does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Rainmaker Games disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Rainmaker Games, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rainmaker Games. Rainmaker Games is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Privacy and Data Security
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Rainmaker Games and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose or enterprise, without Rainmaker Games’ express prior written consent.
Rainmaker Games, the Rainmaker Games logo, and all other related names and logos are trademarks or registered trademarks of Rainmaker Games. All other names, game names, and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement by any owners of such third party-owned trademarks.
User Submissions, Feedback, and Information
You agree that the information you provide during the registration process is current, accurate, truthful, and complete, and you will regularly update this information to maintain its completeness and accuracy. You are responsible for maintaining the confidentiality of any account information that you use to access any feature on the Services and for logging off of your account and any protected areas of the Services. Further, you are fully responsible for all activities occurring under your account that result from your failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact us immediately. We will not be liable for any loss or damage arising from your failure to promptly notify us of such conduct.
You acknowledge and agree that any submission, feedback, comments, or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms, and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments, or suggestions (collectively, “Feedback”) will be the sole and exclusive property of Rainmaker Games, and you hereby irrevocably assign to us all of your right, title, and interest in and to all such Feedback, and Rainmaker Games shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Feedback in any manner it chooses. With respect to all other non-Feedback Submissions, you hereby grant Rainmaker Games an irrevocable, worldwide, and perpetual license to use such Submissions as contemplated in these Terms.
You may not create, post, store or share any Submissions that violate these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit, or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.
Your Use of the Services
In connection with your use of the Services, you agree that you will not:
Post, upload, publish, submit, or transmit any material that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
Infringe, misappropriate, or violate Rainmaker Games’ or any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology;
Scrape,” “crawl,” or “spider” any web pages or other services contained in the Services;
Display, mirror, or frame the Services, or any individual element within the Services, Rainmaker Games’ name, any Rainmaker Games trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rainmaker Games’ express written consent;
Access, tamper with, or use non-public areas of the Services, Rainmaker Games’ computer systems, or the technical delivery systems of Rainmaker Games’ providers, including games providers;
Attempt to probe, scan, or test the vulnerability of any Rainmaker Games system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rainmaker Games or any of Rainmaker Games’ providers or any other third party (including another user) to protect the Services or any of the content on the Services;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise or advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other User from using or enjoying the Services is expressly prohibited.
Rainmaker Games reserves the right, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Fees and Payment Terms
Some aspects of the Services may require you to pay a fee, and you agree that you will provide accurate and complete payment information to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred on your account. We may revise the pricing for any part of the Services at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our websites or applications. If you fail to pay any fees you owe to us, or we have to refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account.
Subject to applicable law, any applicable fees and other charges for fee-based Services are payable in advance and are not refundable in whole or in part except as expressly provided in these Terms. Except in cases of Rainmaker Games’ gross negligence, or willful misconduct, or to the extent these Terms say otherwise, you will be fully liable for all charges to your account, including any unauthorized charges.
U.S. Economic Sanctions
You represent that you, or the parent or legal guardian of a minor who uses the Services, have not been designated by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) as a Specially Designated National or Blocked Person, you have no reason to believe that you would be considered a Blocked Person by OFAC, and you do not reside in a restricted country. You also represent that, to the best of your knowledge, you are not employed by or acting as agent of any government, government-controlled entity, or government corporation restricted under OFAC. You understand that if your application violates OFAC guidelines, your account may be declined or restricted from certain activity.
Some of the features accessible through our Services may be offered as a beta version or on an evaluation basis (collectively, “Beta Services”). By their nature, Beta Services may contain errors, bugs, and other problems that could cause system failure, and the features of the Beta Services may not yet be complete. There is no guarantee of the continuing functionality of Beta Services. Because the Beta Services are subject to change, Rainmaker Games reserves the right to alter the Beta Services at any time, and any reliance on the Beta Services is at your own risk. YOU ACCEPT THE BETA SERVICES “AS IS.” RAINMAKER GAMES MAKES NO WARRANTY OF ANY KIND REGARDING BETA SERVICES. RAINMAKER GAMES HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
Description of the copyrighted work that you claim has been infringed;
Description of the material that you claim is infringing and where it is located on the Services;
Identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
Your address, telephone number, and email address;
Statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Third Party Content and Links to Other Sites
Rainmaker Games collects game play information from game operators. Users can create and join challenges and compete over a period of time with other players. The Services provide a leaderboard that shows how everyone did, so your game play will be available for viewing by other users. The Services automatically track participants’ live match data from the game’s platform via an API data stream. Game operators are unaffiliated with us, and there are inherent risks that come from using a third party’s data, including inaccuracies and outages. There is also risk that a game operator will discontinue a game or stop providing Rainmaker Games API data stream access. We are not responsible for the actions, omissions, or errors of the game operators.
We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.
Warning re: Offensive Information
It is possible that other users of the Services may send obscene or offensive materials on Services or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Services, have access to personal information about you. The Services, Rainmaker Games, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by Rainmaker Games), and hold harmless Rainmaker Games, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Rainmaker Games Parties”) from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any of the Rainmaker Games Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Services, or your conduct or activities in connection with the Services, (b) your Submissions, Feedback, or other User content; (c) your violation or alleged violation of these Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Services or your conduct in connection with our Services; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the Rainmaker Games Parties of any third-party Claims, cooperate with the applicable Rainmaker Games Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Rainmaker Games Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Rainmaker Games Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rainmaker Games or the other Rainmaker Games Parties.
THE SERVICES AND ALL GAMES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY THIRD PARTY SITES AND PLATFORMS, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION GAME DATA, SCORING, OR LEADERBOARD RESULTS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE RAINMAKER GAMES PARTIES BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING BY RAINMAKER GAMES. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF THE RAINMAKER GAMES PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE RAINMAKER GAMES PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE RAINMAKER GAMES PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR SERVICES HEREUNDER.
BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING SECTIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Term and Termination
These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATIONS, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email, a fake name or email, or a borrowed name or email, or the name or email of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You also agree that any violation by you of these Terms will cause irreparable harm to Rainmaker Games for which monetary damages would be inadequate, and you consent to Rainmaker Games obtaining any injunctive or equitable relief that Rainmaker Games deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rainmaker Games may have at law or in equity.
Dispute Resolution; Arbitration
Please read the following arbitration provisions in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Rainmaker Games and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
You agree that any dispute, controversy, or claim arising in any way from your access or use of the Services, any products sold or distributed through the Services, or these Terms (“Dispute”), will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that you or Rainmaker Games may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
Dispute resolution process
You and Rainmaker Games both agree to engage in good-faith efforts to resolve Disputes prior to either party initiating an arbitration. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution (“Dispute Notice”) (when sent to Rainmaker Games, you must send the Dispute Notice to email@example.com). No later than 15 days after the receiving party receives the Dispute Notice, both parties must meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the Dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of further proceedings. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Rainmaker Games is represented by counsel, its counsel may participate in the Conference as well, but Rainmaker Games agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this Section. If the parties do not reach an agreement to resolve the Dispute within thirty (30) days after the receiving party receives the Dispute Notice, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
Arbitration rules and forum:
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be administered by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, or other fees and cannot obtain a waiver from JAMS, Rainmaker Games will pay such fees for you if you complied with the dispute resolution process set forth above. In addition, Rainmaker Games will reimburse all such JAMS filing, administrative, hearing, or other fees for claims totaling less than $10,000 unless (a) you have initiated the arbitration claim, in which case you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you, (b) the arbitrator determines the claims are frivolous, (c) you did not comply with the dispute resolution process set forth above, or (d) your use of the Services were for commercial or business purposes rather than as a consumer. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. The location of the arbitration will be in Austin, Texas, U.S.A., unless you choose to have the arbitration conducted by telephone or videoconference, so that the arbitration is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any Dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would; provided, however, the arbitrator will not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under any applicable law.
Waiver of Jury Trial
YOU AND RAINMAKER GAMES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A JURY TRIAL.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the administrator of the arbitration, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Rainmaker Games, and any termination or expiration of this Agreement.
Notwithstanding any provision in these Terms to the contrary, we agree that if Rainmaker Games makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Rainmaker Games at firstname.lastname@example.org, in which case only the unchanged provisions of this Arbitration Agreement will govern with respect to you.
Governing Law and Alternate Venue
These Terms shall be governed by the laws of the State of California, United States (without regard to conflict of law rules or principles of California law, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). For any dispute, controversy, or claim between the parties that is not subject to arbitration as set forth in the Arbitration Agreement in the preceding Section, other than proceedings seeking injunctive or equitable relief if the claim relates to intellectual property infringement or other misuse of intellectual property rights, the parties agree that the federal and state courts in Austin, Texas will be the exclusive forums for brining any action, and that neither party may challenge this choice of forum on procedural grounds; and to that end, each party waives, to the fullest extent permitted by law, any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of this Agreement brought in such courts.
Although the Rainmaker Games website is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use in all geographical locations. You are solely responsible for complying with applicable local laws.
When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Rainmaker Games’ failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Rainmaker Games of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
No joint venture, partnership, employment, or agency relationship exists between User and Rainmaker Games as a result of this Agreement or use of the Services.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Rainmaker Games may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Rainmaker Games or to another third party in the event that some or all of the business of Rainmaker Games is transferred to such other third party by way of merger, sale of its assets or otherwise.
The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Please contact us if you have any questions about these Terms. You may contact us by sending correspondence by emailing us at email@example.com.
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