ROGUE HARBOUR TERMS OF USE
Effective: November 6, 2020
This Terms of Use is entered into between you and Rogue Harbour Game Studio Inc. (“Rogue Harbour”), its subsidiaries and affiliates, and applies to Rogue Harbour video games, websites and services on which it is placed (collectively, the “Services”).
Use of the Services is governed by this Terms of Use and a Privacy Policy detailing how Rogue Harbour collects, uses and discloses your information. You must agree to this Terms of Use and Privacy Policy in order to use the Services.
By clicking the “I Agree” button or by using the Services, you are agreeing to be bound by this Terms of Use.
1. UPDATES
Rogue Harbour reserves the right, in its sole discretion, to change this Terms of Use at any time. Rogue Harbour shall notify you of updates to this Terms of Use through a Services message and to make updates available at rogueharbour.com (the “Website”). You are deemed to have accepted any update by continuing to use the Services. Unless Rogue Harbour states otherwise, updates to this Terms of Use are automatically effective 30 days after being posted on the Website.
2. USE OF THE SERVICES
2.1 Age Restrictions. In order to use the Services, you must be at least 13 years of age and older than the age specified by the age rating standards applicable in your jurisdiction to the Services you are attempting to use (together, the “Minimum Age Requirement”).
2.2 Access. Access to the Services may require hardware including, but not limited to, a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Services and to pay all fees incurred by you when accessing the Services through an Internet connection.
2.3 Account. Use of the Services may require you to register a user account with Rogue Harbour directly or indirectly through a third party, such as Google, Apple or Facebook (each, an “Account”). You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefit of Rogue Harbour. Registering an Account may require you to select a username and password (“Login Information”). You are solely responsible for keeping your Login Information confidential. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use of your Account may be emailed to Rogue Harbour a info@rogueharbour.com.
2.4 Personal Information. Accessing the Services or registering an Account may require you to provide Rogue Harbour with personal information that is collected, used and disclosed in accordance with Rogue Harbour’s Privacy Policy. The Privacy Policy is available at rogueharbour.com/privacy-policy. If at any time you disagree with the Privacy Policy, you must immediately stop use of the Services and contact Rogue Harbour by notifying us at info@rogueharbour.com.
2.5 Account Usage. You agree to be bound by any use of your Account, including charges and purchases and whether or not you authorized use of your Login Information. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.
3. GRANT OF LICENSE, SUBSCRIPTION
3.1 License and Subscription. Except as otherwise provided in this Terms of Use, Rogue Harbour grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, non-commercial, limited license, if you downloaded a Rogue Harbour game, or subscription, if you accessed a Rogue Harbour game through a web browser, to use the Services. You agree that no title or ownership interest in the Services is transferred or assigned to you and that this Terms of Use is not a sale of any right to the Services.
3.2 Streaming and Social Media License. Notwithstanding any terms to the contrary in section 4.1, Rogue Harbour grants you a non-sublicensable, non-transferrable, revocable, non-commercial, limited license to publicly display the Services on online video streaming websites, such as youtube.com and twitch.com, and social media. Rogue Harbour may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any related loss incurred.
3.3 User Content License. User content includes any information that you submit, transmit or upload while using the Services (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Rogue Harbour an exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Rogue Harbour reserves the right to review, edit, delete or block access to User Content without notice.
3.4 Early Release. The Services, including the use and access to games developed by Rogue Harbour, may be provided to you in an early release version (an “Early Release”). If you use or access an Early Release of the Services, you acknowledge and understand that the Services may not work as intended and gameplay, customization, animations, or other features (collectively, “Features”) may be very different from those in the future releases of the Services. Bugs, incomplete Features, or faults may be present in an Early Release and you use the Services at your own risk. Rogue Harbour does not guarantee that the Services will be completed or completed in any particular way, including the scope and Features of the Services. Given the developmental nature of an Early Release, you agree that it is your sole responsibility to back-up your data and take other appropriate measure to protect your programs and data.
3.5 Recurring Payments/Subscriptions. Sometimes, Rogue Harbour may offer the Services on a recurring payments structure (a “Recurring Payment Plan”). If you select a Recurring Payment Plan, Rogue Harbour shall automatically charge you a recuring fee on a weekly/monthly/annual basis according to the Recurring Payment Plan you selected. All charges on a Recurring Payment Plan exclude applicable taxes, duties and charges and are non-refundable. Recurring Payment Plan fees are billed and charged automatically by Rogue Harbour and/or third parties authorized on its behalf on a recurring weekly/monthly/annual basis to the credit card (or other payment method) you provided to Rogue Harbour (or third parties authorized on its behalf) until the date your Recurring Payment Plan is either upgraded/altered by you, terminated by your submission of a cancellation request to Rogue Harbour, or Rogue Harbour’s termination of your access to the Service.
4. LIMITATIONS ON USE OF THE SERVICES
4.1 Limitations. You agree that you will not use the Services in the following manner:
a. engage in conduct that Rogue Harbour determines, in its sole discretion, to constitute improper use of the Services;
b. decompile, disassemble or reverse engineer the Services or otherwise attempt to derive the Services’ source code;
c. reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute, sell, lease or remove/alter advertising in the Services;
d. cheat or use, develop or distribute automation software, bots, macro software or other cheat utility software or programs designed to change the Services experience;
e. knowingly exploit a flaw or bug in the Services;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Services or experience of another user;
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Services or the devices or computers of others
h. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Services;
i. use profanity, including short forms and colloquial versions of profanities;
j. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
k. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
l. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
m. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
n. collect or attempt to obtain other users’ data, whether personal or anonymous; or
o. impersonate another person or a contractor, agent or employee of Rogue Harbour.
5. TERMINATION
5.1 Suspension and Termination. Rogue Harbour may suspend or terminate your Account and access to the Services at any time for any reason including, but not limited to, your violation of this Terms of Use or Privacy Policy, as determined in its sole discretion. Whether a suspension will be lifted is at the sole decision of Rogue Harbour. You may terminate your Account and access to the Services at any time by ceasing to use the Services and deleting any Rogue Harbour game you have installed.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Rogue Harbour shall cease to provide you access to the Services and delete your Account and data associated with your use of the Services, including purchases you have made, with exceptions for applicable laws. You acknowledge and agree that you are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Rogue Harbour, and that Rogue Harbour shall not be liable to you or any third party for such suspension or termination and any related loss related thereto.
6. DIGITAL ITEMS AND PRIZES
6.1 Digital Items. The Services may include virtual in-game currency, loot boxes, power-ups, upgrades, cards, non-playable characters (NPCs) or any other digital items such as but not limited to character clothing or accessories (together, “Digital Items”), which may be earned by users or purchased from Rogue Harbour with real world money, where permitted by applicable law. Digital Items available to you and the price of Digital Items may be altered by Rogue Harbour at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Services for which such Digital Items were acquired. Any Digital Items purchases are final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by Rogue Harbour in its sole discretion. All Digital Items shall remain the property of Rogue Harbour.
6.2 Resale. Digital Items currently cannot be sold or traded by you to other users or to anyone else. In the future it is possible that Digital Items may only be sold or traded by you for other Digital Items within the Services via methods expressly provided through the Services, and in such case, Rogue Harbour shall be under no obligation to fulfill any such sale or trade of Digital Items. Rogue Harbour shall never authorize Digital Items to be resold online, outside of the Services, in the real world or traded for non-virtual (tangible) goods or services. Any resale or attempted resale of Digital Items in violation of this section 6.2 shall result in Rogue Harbour terminating your access to the Services and all Accounts related to the resale or attempted resale and voiding related Digital Items.
6.3 Forfeit or Eliminated Digital Items. If Rogue Harbour terminates your Account and/or access to the Services or ceases to offer the Services, you agree that you forfeit all Digital Items associated with your Account and use of the Services. Further, Rogue Harbour shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Services, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Services. Rogue Harbour is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Services, technical issues or as a result of a third party.
7. SOFTWARE UPDATES
On one or more occasions Rogue Harbour may patch, update or modify the Services (each, an “Update”), which may require you to install such Update to continue using the Services. Updates may modify this Terms of Use, gameplay mechanics or other aspects to the Services. Failing to install an Update may result in an inability to use the Services, for which you shall not be entitled to a refund or compensation of any kind.
8. THIRD PARTY SOFTWARE
The Services may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. This Terms of Use does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third-party agreement.
9. ROGUE HARBOUR OWNERSHIP RIGHTS
All right, title and interest in and to the Services including, but not limited to, copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, Accounts, characters, character names, catch phrases, concepts, character inventions, character likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation are owned by or licensed to Rogue Harbour. Rogue Harbour reserves all rights in the Services.
10. NOTICE TO EU USERS
If you are a resident of the EU, you hereby agree that, by purchasing Digital Items, you want such Digital Items credited to your Account immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND ROGUE HARBOUR AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, “REPRESENTATIVES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY THE LAWS WITHIN YOUR JURISDICTION. WITHOUT LIMITING THE FOREGOING, ROGUE HARBOUR AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, ROGUE HARBOUR AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ARE APPROPRIATE FOR YOUR NEEDS OR THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICES.
11.2 LIMITATION OF LIABILITY. ROGUE HARBOUR AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES OR THIRD-PARTY SERVICES OR PRODUCTS INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ROGUE HARBOUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, WARRANTY OR INDEMNITY, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PART THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS TERMS OF USE SHALL LIMIT ROGUE HARBOUR’S LIABILITY IN A MANNER NOT PERMITTED BY APPLICABLE LAW.
11.3 MAXIMUM AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD ROGUE HARBOUR AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT ROGUE HARBOUR AND ITS REPRESENTATIVES’ MAXIMUM AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO ROGUE HARBOUR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
12. INDEMNITY
You shall indemnify, defend and hold Rogue Harbour and its Representatives harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your use of the Services or associated third party services. You cannot settle any claim without Rogue Harbour’s advance written consent unless such claim releases Rogue Harbour and its Representatives unconditionally. Rogue Harbour reserves the right to, at its expense, assume control of the claim.
13. GENERAL
13.1 Governing law. This Terms of Use are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
13.2 Severability. To the extent any section, clause, provision or sentence or part thereof of this Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed, and the remainder of this Terms of Use given full force and effect.
13.3 No Waiver. Rogue Harbour’s failure to assert or enforce any right contained in this Terms of Use shall not constitute a waiver of that right.
13.4 Assignment. Rogue Harbour may assign this Terms of Use without your consent or notice to you. You cannot assign this Terms of Use.
13.5 Survival. Sections 3.3, 5.2, 6.4, 9, and 11 to 13 survive termination of this Terms of Use.
13.6 Entire Agreement. This Terms of Use constitutes the entire agreement between you and Rogue Harbour with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
13.7 Contact. You may contact Rogue Harbour regarding this Terms of Use by emailing info@rogueharbour.com or by mail at:
Suite 375 - 375 Water Street Vancouver, BC, V6B5C6