2. ToU Updates. We reserve the right, at any time in our sole discretion, to modify or replace any part of the ToU and any applicable Additional Terms, and will provide you with notice for any material changes to the ToU and any applicable Additional Terms. You agree that we may notify you of any updates to the ToU and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the Service, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of the updated ToU and any applicable Additional Terms. If you object to any such changes, you agree that your sole recourse is to cease using the Service.
3. Service Use.
3.1 Content. The Service contains: (i) materials and other items relating to TRS and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, algorithms, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TRS (“TRS Marks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of TRS or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
3.2 Limited License. Unless stated in another written agreement between you and TRS, and subject to your strict compliance with the ToU and any applicable Additional Terms, TRS grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, with or without cause, in the sole discretion of TRS, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. The licenses granted in this Section 3 do not pertain to any video games developed by TRS and displayed on the Service (the “Games”) or any of the copyrights, trademarks or other intellectual property rights related thereto. The Games are owned and/or controlled by third party publishing partners of TRS and any use of any component parts thereof, including, without limitation, any characters, artwork, sounds, music or other copyrightable works, is strictly subject to the prior written approval of such publishing partners, which approval may be withheld in such publishing partners’ sole discretion.
3.3 Availability. TRS may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in the sole discretion of TRS, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from TRS, all rights granted to you under the ToU or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
3.4 Reservation of Rights. All rights not expressly granted to you are reserved by TRS and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
4. Fansites and Use of TRS Marks.Unless otherwise specified on the Service, we grant you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to reproduce and display TRS Marks solely on your fansite or fansite pages dedicated to games developed by TRS (“Fansite”) solely for noncommercial purposes, provided that you agree to the following:
4.1. Compliance with All Agreements, Policies and Laws. You must be in full compliance with the provisions of this ToU, any Additional Terms, and any usage guidelines or policies that may be provided by TRS from time to time (all of which may be modified from time to time in our sole discretion), as well as all applicable laws, rules, and regulations.
4.2. Fansite Restrictions. As the operator of an independent, unaffiliated web site, you will have sole editorial control of the Fansite, except that you represent and warrant to TRS that the Fansite will not post or transmit: (a) any material that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, including, without limitation, rights of publicity; or (b) any content or information that is derogatory or harmful to the reputation of TRS, our officers and employees and/or any of our business partners, in any way.
4.3. Notice Requirements. You must retain all trademark, copyright and other proprietary notices contained in or on the TRS Marks. You shall not remove or alter any identifying information or copyright or trademark information conveyed in connection with the TRS Marks.
4.4. Reservation of Rights. Your ownership in the Fansite excludes (a) the TRS Marks and all goodwill relating thereto, and (b) any derivative works based upon or including the TRS Marks. The Fansite is not a “Joint Work” as that term is defined under United States copyright law (i.e., Title 17, United States Code). You shall not challenge TRS’s ownership of the TRS Marks, nor use or adopt any trademarks that might be confusingly similar to TRS Marks.
4.5. Restrictions on Use. Except as expressly authorized by this ToU, you may not (a) distribute, modify, transmit, publicly display and/or otherwise use the TRS Marks; or (b) create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or Content contained in or on the Service, in each case, without the written consent of TRS. TRS does not consent to the protection of any unauthorized derivative work under any copyright law. The creation and sale of merchandise that uses, references or is based upon the TRS Marks is expressly prohibited.
4.6. Limited License. The licenses granted in this Section 4 solely pertain to the TRS Marks and do not pertain to any Games) or any of the copyrights, trademarks or other intellectual property rights related thereto. The Games are owned and/or controlled by third party publishing partners of TRS and any use of any component parts thereof, including, without limitation, any characters, artwork, sounds, music or other copyrightable works, is strictly subject to the prior written approval of such publishing partners, which approval may be withheld in such publishing partners’ sole discretion. Should you wish to use components of a Game on your Fansite, you should first review the fansite policies of TRS’s publishing partners for the applicable Game.
4.7. Termination and Limitation of Liability. We may terminate the limited permission to use the TRS Marks pursuant to this Section 4 at any time for any reason. Under no circumstances will we be liable to you, or any third-party claim arising from your use of the TRS Marks, for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this limited permission. We reserve the right in our sole discretion to expressly refuse this limited permission to any particular Fansite, or to revoke this limited permission at any time without any liability to you whatsoever. For purposes of clarity and notwithstanding the foregoing, at our request you will immediately remove the TRS Marks from your Fansite.
5. Disclaimer of Representation and Warranties.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER TRS NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "TRS PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM TRS INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
6. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TRS PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THE TOU (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE TRS MARKS, OR (D) YOUR SUBMISSIONS OR THE SUBMISSIONS OF OTHER USERS OF THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM TRS INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the TRS Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of the ToU; (ii) your Submissions; (iii) your misuse of the Service or Content, including, without limitation, the TRS Marks; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. TRS reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the defense by TRS of any claim. You will not in any event settle any claim without the prior written consent of TRS.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
8.1. Submissions. “Submissions” means any feedback, opinions, techniques, communications, images, sounds, videos, ideas, whether solicited or not, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games, and all other content, material and information that you upload, transmit or otherwise submit to us through or related to the Service, including, without limitation, content submitted by you to third-party platforms that relate to the Service and our products (e.g. Discord), or that other users upload, transmit, or otherwise submit to us through or related to the Service, including without limitation content submitted by others to third-party platforms that relate to the Service and our products (e.g. Discord). You understand all Submissions are the sole responsibility of the person from which such Submissions originated. This means that you, and not TRS, are entirely responsible for all Submissions that you upload, post, transmit or otherwise make available through the Service or that are related to the Service. This also means that TRS is not responsible for any Submissions that other users upload, post, transmit or otherwise make available through the Service or that are related to the Service. TRS does not control the Submissions posted or transmitted through the Service and does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Service, you may be exposed to Submissions that contain material that is offensive, indecent or objectionable and you may be exposing others to material that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. You acknowledge that you may not rely on any Submissions submitted to TRS through the Service.
8.2 License Grant. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Submissions, as well as all modified and derivative works thereof, without compensation to you. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree, to the maximum extent permitted by law, to waive: (i) any right of approval for our use of the rights granted herein; and (ii) any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that TRS is under no obligation to use your Submission(s) in any manner. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submissions now or in the future. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submissions and remain responsible for them.
8.3. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Submissions. You acknowledge and agree that you have no expectation of privacy concerning any Submission. We do not assume any responsibility or liability for Submissions that are generated by users of the Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Submissions. We also reserve the right, at all times and in our sole discretion, to disclose any Submissions for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this ToU or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
9.1. Eligibility. You represent that you have reached the age of majority and have the legal capacity to enter a contract in the jurisdiction where you reside.
9.2. Account. To access certain aspects of the Service, you must create an account (each, an “Account”) by completing the registration process. You must complete the registration process by providing current, complete and accurate information when prompted. When registering an Account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations
9.3. Account Security. Maintaining the Account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and your Account password. You agree to notify TRS immediately if you believe that an Account username and/or password have been compromised.
9.4. Rules Related to Account Names. When you create an Account, you will have to create a username. Your username will be visible to other users on the Site forums. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Site (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If TRS finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:
(a) Belonging to another individual or entity with the intent to impersonate that individual or entity, including without limitation, impersonating any TRS agent or employee or any other TRS community user;
(b) That incorporates vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) That is subject to the rights of any other person or entity without written authorization from that person or entity;
(d) That belongs to a popular culture figure, celebrity or media personality;
(e) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
(f) Belonging to any religious figure or deity;
(g) Related to drugs, sex, alcohol, or criminal activity;
(h) Comprised of gibberish (e.g., “dofhwlef”);
(i) Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space;
(j) Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing);
(k) Referring to pop culture icons or personas (e.g., “Batman,” “Lady Gaga”); or
(l) That incorporates titles such as “The Lord” that could be construed as religious.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.
9.5. Violation of ToU.
(a) Disciplinary Measures by TRS. In the event that you violate this ToU, including, without limitation, this Section 9 or Section 10 below, TRS at its sole discretion shall have the right, but not the obligation, to take any disciplinary measures as it sees fit, including, without limitation, the following actions:
(i) An e-mail warning may be issued to the user at the discretion of TRS;
(ii) Editing, deletion or closing of the post, thread or message in any forum session;
(iii) Temporary suspension of the user’s Account;
(iv) The termination and deletion of the user’s Account; or
(v) Permanently banning the user from all Accounts and future accounts.
(b) Notification of Legal Authorities. TRS may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a request by law enforcement, a court order or other legal process. In addition, the following are examples of the type of violations of this ToU that may result in the notification of proper legal authorities by a representative of TRS:
(i) Threat of physical harm or safety to oneself or any other person made through the Site, the Service, or any web sites that are owned, operated, licensed or controlled by TRS;
(ii) Offering or solicitation of material that might be deemed illegal, indecent or obscene, including, but not limited to, child pornography, illegal drugs and pirated software; or
(iii) Harassment of another end user and/or any TRS employee or contractor.
9.6. Cancellation or Suspension by You. You have the right to terminate any Account registered to you at any time. You may terminate any Account registered to you by emailing TRS at email@example.com.
9.7. Effect of Account Termination or Cancellation. You may voluntarily terminate an Account, but should you do so, you will not be able to recover that Account at a later time. Except as otherwise set forth in Section 6 above, TRS shall have no liability to you of any kind in the event that you cannot reactivate an Account that you have terminated. Additionally, Accounts may be terminated by TRS for any type of abuse, including without limitation a violation of this ToU, may not be reactivated for any reason.
10. Restrictions and Conditions of Use.
10.1. Use of Service. TRS permits you to view and use a single copy of the Service for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Service.
10.2. No Violation of Laws. You agree that you will not violate any applicable law or regulation in connection with your use of the Content or Service. Without limiting the foregoing, you agree that you will not make available through the Service any material or information (including, without limitation, Submissions) that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
10.3. Misuse of Content or Service. You may not connect to or use the Content or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Content or Service or otherwise attempt to disrupt the Content or Service or any other person’s use of the Content or Service; (b) attempt to gain unauthorized access to the Content, the Service, accounts registered to other users, or the computer systems or networks connected to the Content or Service; (c) obtain or attempt to obtain any information from the Content or Service, including without limitation email information of other account holders, using any method not expressly permitted by TRS; or (d) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Content or Service.
10.4. No Commercial Uses. You agree that you will not use the Content or Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Content or Service.
10.5. Code of Conduct. You may not use the Content or Service to develop, generate, transmit or store information (including, without limitation, Submissions) that or engage in any behavior through the Service which: (a) in the sole and absolute discretion of TRS, is deemed to be offensive; (b) is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent these restrictions; (c) consists of advertisements, promotions, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; (d) is derogatory or harmful to the reputation of the Site, the Service, TRS, or our directors, officers and employees in any way; (e) encourages the violation of any local, state, national, or international laws or regulations; (f) solicits other users’ passwords and/or credit card information; (g) is anti-social, disruptive, or destructive, including, without limitation, “flaming,” “spamming” and “trolling”; (h) carries out any action with a disruptive effect, such as causing forum screens to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of forum postings; (i) disseminates any user’s personal information, including, but not limited to, such user’s real name, address, phone number or private e-mail address, except that a user may communicate his or her own personal information in a private message directed to a single user; (j) forges headers or otherwise manipulates identifiers in order to disguise the origin of any message (k) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Content or Service; (l) constitutes harassment or a violation of privacy or threatens other people or groups of people; (m) is harmful to children in any manner; or (n) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
11. Third Party Services; Links.
11.2. Links to the Service. Unless otherwise set forth in a written agreement between you and TRS, you must adhere to TRS’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TRS’s and/or its licensors’ names and trademarks, (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TRS, (c) when selected by a user, the link must display the Service on full-screen and not within a “frame” on the linking Service, and (d) TRS reserves the right to revoke its consent to the link at any time and in its sole discretion and following such revocation you will immediately remove any link to the Service that you may be using.
12. Copyright Infringement.
12.1 Notice for Claims of Copyright Infringement. If you are a copyright owner or agent thereof and believe that content posted on the Service by a TRS user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) (“DMCA”) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a 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
(f) a 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.
Our Copyright Agent can be reached by mail at 25422 Trabuco Road #105-491 Lake Forest, CA 92630 or by email at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. You can obtain further information from the Copyright Office’s online directory at https://dmca.copyright.gov/osp/.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
12.2 Counter Notification. If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
(a) A physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which TRS may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
13. Location. The Service is operated by TRS in the United States. Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
14. Children. The Service is not directed toward children under 13 years of age nor does TRS knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to TRS.
15. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
15.1 We Both Agree to Arbitrate. You and TRS agree to resolve any claims relating to the ToU through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate TRS’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances TRS may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
15.2 What is Arbitration. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
15.3 Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to the ToU, except as otherwise provided herein, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in the ToU, the rules set forth in the ToU will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or TRS must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com.
(2) Send three copies of the demand for arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 5 Park Plaza, Suite 400, Irvine, CA 92614.
(3) Send one copy of the demand for arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Orange County, California, is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in Orange County, California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.4 Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and TRS, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the ToU. 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 has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TRS.
15.5 Waiver of Class Actions. You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
15.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TRS in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
15.7 Choice of Law/Forum Selection. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, the ToU shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, California.
16. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TRS OR A LICENSOR OF TRS.
17.1. TOU Revisions; Consent or Approval. This ToU may only be revised in a writing signed by TRS, or published by TRS on or through the Service. No TRS consent or approval may be deemed to have been granted by TRS without being in writing and signed by an officer of TRS.
17.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRS as a result of this ToU or your use of the Service.
17.3. Assignment. TRS may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without TRS’s prior written consent, and any unauthorized assignment by you shall be null and void.
17.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
17.5. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17.6. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Turtle Rock Studios, Inc., 25422 Trabuco Road #105-491 Lake Forest, CA 92630 ATTN: President.
17.7 Email Communication. When you communicate with us electronically, you consent to receive communications from us electronically.
17.8 Survival. The provisions of this ToU and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement, Third Party Services, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, and General Provisions, will survive.
17.9 Investigations; Cooperation with Law Enforcement. TRS reserves the right to investigate and prosecute any suspected breaches of this ToU or the Service. TRS may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
17.10. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service.
17.11. Corporate Ownership.. TRS is indirectly owned by Tencent Holdings Limited, a public company listed on the Stock Exchange of Hong Kong (SEHK: 0700) and headquartered in China.