Terms of Service

The terms of this agreement ("Terms of Service") govern the relationship between you ("you" or "your") and ROOPLAY Media Ltd. #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada regarding the use of our games, websites and related services (the "Service"). Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any ROOPLAY website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

We can make changes to these terms at any time in accordance with these terms and your continued use of our Services shall confirm your acceptance of the updated terms.

The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

2. Intellectual Property
3. Third Party Intellectual Property
4. License
4.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other applicable ROOPLAY policies, We grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:

4.2. Username and Password

During the Account creation process, you will be required to select a password ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify ROOPLAY and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

ROOPLAY reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

4.3. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

5. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of ROOPLAY or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the homepage of the site ROOPLAY.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of ROOPLAY. To find out more please contact us by email at support@rooplay.com or by post to #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada.

7. Use of Communications Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

8. Ownership
8.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using our game client, and our game clients and server software) are, as between you and us, owned by us. We reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

8.2. Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and enure to the benefit of ROOPLAY.

8.3. Virtual Items

ROOPLAY owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in ROOPLAY games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any ROOPLAY game, whether earned in a game or purchased from ROOPLAY, or any other attributes associated with an Account or stored on the Service.

9.1. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ROOPLAY may revise the pricing for the goods and services offered through the Service at any time. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

10. Suspension and Termination of Account and Service

Without limiting any other remedies, ROOPLAY may limit, suspend, terminate, modify, or delete accounts or access to ROOPLAY services or portions thereof if you are, or ROOPLAY suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and ROOPLAY is under no obligation to compensate you for any such losses or results without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

ROOPLAY reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, ROOPLAY shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

If you wish to terminate your Account at any time and for any reason please contact us by email at support@rooplay.com and instruct us that you wish to terminate your Account. We will terminate your account within 5 business days of receiving your email to that effect.

11. Provision of Services

Such discretion to be exercised only within the confines of the law.

12. Privacy Policy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms of use by this reference. To view the Privacy Policy, please click on this link here.

13. GENERAL PROVISIONS
13.1. Assignment

ROOPLAY may assign or delegate these Terms of Service and/or the ROOPLAY Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without ROOPLAY's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

13.2. Supplemental Policies

ROOPLAY may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

13.3. Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the ROOPLAY Privacy Policy), contain the entire understanding of you and ROOPLAY, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

13.4. No Waiver

The failure of ROOPLAY to require or enforce strict performance by you of any provision of these Terms of Service or the ROOPLAY Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ROOPLAY's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by ROOPLAY of any provision, condition, or requirement of these Terms of Service or the ROOPLAY Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ROOPLAY shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of ROOPLAY.

13.5. Notices

We may notify you via e-mail or any other communications means of contact information you provide to us. All notices given by you or required from you under these Terms of Service or the ROOPLAY Privacy Policy shall be in writing and addressed to: ROOPLAY Media Ltd., #103 - 1715 Cook Street, Vancouver, BC, V5Y 3J6, Canada. Any notices that you provide without compliance with this Section 12 on Notices shall have no legal effect.

13.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to ROOPLAY are of a unique and irreplaceable nature, the loss of which shall irreparably harm ROOPLAY and which cannot be replaced by monetary damages alone so that ROOPLAY shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any ROOPLAY game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 9 (if any).

13.7. Force Majeure

ROOPLAY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ROOPLAY, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ROOPLAY's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Changes to the Services and these Terms of Use

ROOPLAY reserves the right to change the Website, its Content or these Terms of Use at any time. You will be bound by any changes to the Terms of Use from the first time you use the Website and its Content following the changes. If ROOPLAY is required to make any changes to Terms of Use by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

15. Availability of the Website and the Apps

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

ROOPLAY accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

16. Limitation of Liability
17. No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms of Use

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

19. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@rooplay.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20. SEVERABILITY, Law and Jurisdiction

You and ROOPLAY agree that if any portion of these Terms of Service or of the ROOPLAY Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

These terms of use and the relationship between you and ROOPLAY shall be governed by and construed in accordance with the Law of British Columbia, Canada and ROOPLAY and you agree to submit to the exclusive jurisdiction of the Courts of British Columbia, Canada.