In some instances, both the ToU and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between the ToU and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
For purposes of this ToU, “you” and “your” means you as the user of the Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS. YOUR ACCESS AND/OR USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT TRS MAKES FROM TIME TO TIME. IF YOU DO NOT UNDERSTAND OR AGREE TO THIS TOU, PLEASE DO NOT USE THE SERVICES.
Section 12 contains an arbitration clause and class action waiver. By agreeing to this ToU, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 12.
Table of Contents
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, in which case we will update the “Effective” date at the top of this ToU and any Additional Terms, and we will use reasonable efforts to attempt to provide you with notice for any material changes to the ToU and any applicable Additional Terms, such as by e-mail and/or by placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review this ToU from time to time to view any such changes. 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 Services. Your continued access or use of the Services after the modifications have become effective will be deemed acceptance of the modified Terms.
3. Ownership; Service Use.
3.1 Ownership of the Services and Content. The Services contain: (i) materials, information, content 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 Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, slogans, 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 Services and the Content (including all intellectual property rights therein) is the property of TRS, our affiliates 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, and you agree not to take any action(s) inconsistent with such ownership interests. We, our affiliates and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
3.2 Feedback. “Feedback” means any feedback, opinions, techniques, comments, ideas, and ideas for improvements to the Services, whether solicited or not, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, and marketing plans or names for new games, that you submit or contribute to us through or related to the Services, including, without limitation, content submitted by you to third-party platforms that relate to the Services and our products (e.g. Discord or Reddit), or that other users submit to us through or related to the Services, including without limitation content submitted by others to third-party platforms that relate to the Services and our products (e.g. Discord or Reddit). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services, the Content or in any such Feedback. All Feedback becomes the sole and exclusive property of TRS, and TRS may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TRS any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
3.3 Rights We Grant You. Subject to your strict compliance with the ToU and any applicable Additional Terms, TRS hereby permits you to use the Services for your personal non-commercial use only. Subject to your strict compliance with the ToU and any applicable Additional Terms, if any Content, software or other materials owned or controlled by TRS are distributed to you as part of your use of the Services, TRS hereby grants you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, and non-transferable license to access, download, display, view, use, and play such Content, software and materials provided to you as part of the Services, in each case for your personal, non-commercial use only, and for the sole purpose of enabling you to use the Services as permitted by this ToU. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that TRS, in its sole discretion, may elect to take.
3.4 License Limitations. The foregoing limited right and license (a) does not give you any ownership of, or any other intellectual property interest in, any Content or any other software or materials distributed to you as part of your use of the Services, and (b) 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 Services (the “Games”) or any of the copyrights, trademarks or other intellectual property rights related thereto. The Games are owned and/or controlled by TRS or 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 TRS’s or such publishing partners’ sole discretion.
3.5 Availability. TRS may suspend or terminate the availability of the Services and/or any 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 Services, 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 Services and Content.
3.6 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 Services for any purpose is prohibited.
3.7 Termination of License. If you breach any of the provisions of this ToU, all licenses granted by TRS will terminate automatically.
3.8 Violations of ToU. In addition to any suspension or termination as provided in Section 3.5, TRS, in its sole discretion, shall have the right but not the obligation to take any additional disciplinary actions for any violations of the ToU as it sees fit, including, but not limited to notification of legal authorities.
4. Restrictions and Conditions of Use.
You may not do any of the following in connection with your access and/or use of the Content and Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so.
4.1. Use of Services. You agree not to (a) license, download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, create derivative works from, transfer, or offer for sale or re-sale any information, Content, or services contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in this ToU; or (b) duplicate, decompile, reverse engineer, disassemble or decode the Services or any Content (including any underlying idea or algorithm), or attempt to do any of the same.
4.2 No Violation of Laws. You agree that you will not violate any applicable law or regulation in connection with your access to or use of the Content or Services. Without limiting the foregoing, you agree that you will not make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
4.3 Misuse of Content or Service. You may not connect to or use the Content or Services in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Content or Services; (b) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Content or Services, or institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Content or Services or otherwise attempt to disrupt or interfere with the Content or Services or any other person’s use of the Content or Services, or use any device, software or routine that causes the same; (c) attempt to gain unauthorized access to, interfere with, damage or disrupt the Content, the Services, or the computer systems or networks connected to the Content or Services; (d) obtain or attempt to obtain any information from the Content or Services using any method not expressly permitted by TRS; (e) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Content or Services; (f) use any type of robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines”, scrapes, extracts, or otherwise access the Content or Services to monitor, extract, copy or collect information or data from or through the Content or the Services, or engage in any manual process to do the same; or (g) introduce any virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other materials, codes, instructions or software that are malicious or technologically harmful to our systems.
4.4 No Commercial Uses. You agree that you will not use the Content or Services 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 Services, including, without limitation, communicating or facilitating any commercial advertisement or solicitation.
4.5 Code of Conduct. You may not use the Content or Services to develop, generate, submit, transmit, display, perform, post or store any content or information that or engage in any behavior through the Services or use the Services in any way which, in the sole and absolute discretion of TRS: (a) is deemed to be offensive; (b) is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, bullying, unethical, disruptive, deceptive, libelous, defamatory, vulgar, obscene, hateful, sexually explicit, excessively violent, invasive of privacy or publicity rights, 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).
4.6 TRS Marks. Except as expressly authorized by this ToU, you may not (a) use, distribute, modify, transmit, publicly display, reproduce and/or remove any TRS Mark or any other copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Content or the Services; 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 prior written consent of TRS (which consent may be withheld by TRS in its sole discretion). 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 any Content (including the TRS Marks) is expressly prohibited.
4.7 No Other Uses. You may not access or use the Content or Services in any way not expressly permitted by this ToU.
4.8 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.
4.9 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.
5. THIRD PARTY MATERIALS; LINKS.
5.1. Third Party Materials and Services. Certain of our Services may display, contain or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Services and host our content on Third Party Services, such as Instagram, Discord, Reddit, or X, formerly known as Twitter. These Third Party Services are not owned, controlled, or operated by us, and by using the Services, you acknowledge and agree that (a) we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Services, and (b) we are not responsible or liable for the Third Party Materials on or available from such Third Party Services, or for the results to be obtained from using them. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services or Third Party Materials, or for any other materials, products or services of third parties. Third Party Materials, Third Party Services and links to other websites are provided solely as a convenience to you; if you choose to access, transact with, or otherwise interact with any such Third Party Materials or Third Party Services, you do so at your own risk.
6. Disclaimer of Representation and Warranties.
6.1 YOUR ACCESS AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER TRS, ITS PARENTS, AFFILIATES, RELATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, AGENTS OR LICENSORS (COLLECTIVELY, THE “TRS PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, 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. No advice or information, whether oral or written, obtained from the TRS Parties or through the Content or Services, will create any warranty or representation not expressly made herein.
6.2 YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE TRS PARTIES WILL BE RESPONSIBLE FOR.
6.3 BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE
6.4 NOTWITHSTANDING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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.
7. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL THE TRS PARTIES BE LIABLE (A) FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION, OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR THE TOU), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THE TOU AND REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE TRS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE TRS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID TRS, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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.
By entering into this ToU and accessing or using the Services, 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 attorneys’ fees and costs) incurred by the TRS Parties arising out of or in connection with any of the following: (a) your violation or breach or alleged violation or breach of the ToU; (b) your misuse of the Services or any Content, including, without limitation, the TRS Marks; (c) your violation or breach or alleged violation or breach of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (d) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (e) any misrepresentation made by you, your negligence, or your willful misconduct. If you are obligated to indemnify any TRS Party hereunder, then you agree that TRS (or, at its discretion, the applicable TRS Party) has the right, in its sole discretion, to assume, at your expense, the exclusive defense and control of any action or proceeding, and you agree to fully cooperate with TRS in the defense or settlement of such claim. You will not in any event settle any claim without the prior written consent of TRS, and if TRS wishes to settle, TRS shall have exclusive control on the terms of any such settlement.
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.
9. Copyright Infringement.
9.1 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 email@example.com. 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.
9.2 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.
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.
11. Who May Use the Services.
You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts this ToU on the minor’s behalf prior to use of the Services.
12. Agreement to Arbitrate Disputes and Class Action Waiver.
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.
12.1 Initial Process First. You agree that in the event of any dispute between you and the TRS Parties, you will first contact TRS and make a good faith sustained effort, lasting at least thirty (30) days, to resolve the dispute before resorting to more formal means of resolution, including without limitation, any commencement of arbitration proceedings under this Section 12.
12.2 We Both Agree to Arbitrate. After the informal dispute resolution process, you and TRS agree to resolve any remaining dispute, controversy or claim (collectively, “Claim”) arising out of or relating in any way to (a) our relationship, (b) the terms of this ToU, or (c) your use of TRS’s services and/or products, including the Services, through final and binding arbitration, including the breach, termination, enforcement, interpretation or validity of the ToU, including the determination of the scope or applicability of this agreement to arbitrate.
12.3 Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be in the English language and administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of this ToU) You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you. The arbitration will be handled by a sole, neutral arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. 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. As of the date of this ToU, the JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267.
12.4 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, TRS will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, 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. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
12.5 Waiver of Class Actions and Class Arbitrations. You and TRS agree to waive any right to pursue an action on a class-wide basis against the other party and agree to bring Claims against the other party only in an individual capacity, and not as a plaintiff or a class member in any purported class, consolidated, or representative action, including without limitation federal or state class actions, or class arbitrations, private attorney general actions, or consolidation with other arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and TRS agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
12.6 Opt-Out. You have the right to opt-out and not be bound by the arbitration, waiver of jury trial, and waiver of class provisions set forth in this ToU by sending written notice of your decision to opt-out to firstname.lastname@example.org or to the U.S. mailing address listed in the “Notices” section of this ToU. The notice must be sent to TRS within thirty (30) days of your registering to use the Services or agreeing this ToU (or if this Section 12 is amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with this ToU, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, TRS also will not be bound by them.
12.7 Exceptions. Notwithstanding anything in this ToU to the contract, you may instead asset your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and TRS will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
12.8 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.
13. 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, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TRS OR A LICENSOR OF TRS.
14. 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.
14. Assignment. TRS may assign this ToU and/or the licenses granted hereunder, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU or any licenses granted hereunder without TRS’s prior written consent, and any unauthorized assignment by you shall be null and void.
14. Severability. If any part of this ToU is determined to be unlawful, invalid or for any reason unenforceable, then that portion shall be deemed severed, and the remainder of the ToU shall be given full force and effect.
14. No Waiver. No party’s failure to enforce any provision of this ToU shall in any 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 a party 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.
14. Headers. The section headings used herein are for reference only and shall not be read to have any legal effect.
14. 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: Legal.
When you communicate with us electronically, you consent to receive communications from us electronically. 14. Email Communication. When you communicate with us electronically, you consent to receive communications from us electronically.
14. 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, without limitation, sections on Services Use (except for the limited license), 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.
14. Injunctive Relief. You agree that a breach of this ToU will cause irreparable injury to TRS for which monetary damages would not be an adequate remedy and TRS shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
14. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210
14. Choice of Law. This ToU shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. The proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 12, or, if arbitration does not apply, then you expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, California.
14. Entire Agreement. This ToU, including the documents, terms and policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services.
14. 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.