Last update: September 14, 2011
Roar Engine may be available at http://roarengine.com (the "Site") and comprises of websites and services (collectively the "Roar Engine Service") owned and operated by Run With Robots Pty Ltd ("Run With Robots", “we”, “us”, “our”). The Roar Engine Service enables developers (“you”, “Your”) to create, publish and access game and application data online. The Roar Engine Service comprises, but is not limited to :
- the online service provided by Run With Robots, and the software that runs on our servers in order to provide the service;
- all content, layout and workflows in the Roar Engine Service created by Run With Robots, including but not limited to text, graphics, logos, sound and images;
- any documentation provided by Run With Robots relating to the Roar Engine Service, whether in hardcopy, electronic or online form; and
- any copies and derivative works of the software and documentation, as they exist from time to time.
We may modify or remove any part of the Roar Engine Service at any time, without notice. The Roar Engine Service does not include the operating system, browser and other software on Your computer that You use to access the online service. The games and applications using the Roar Engine Service are provided by persons and entities (“Developers”) who, by using the Roar Engine Service, warrant and represent that they have the right to authorise the use of their content and any other information submitted through the Roar Engine Service.
These terms and conditions apply to Your use of the Roar Engine Service. Please read these terms and conditions carefully before using the Roar Engine Service. By accepting these terms and conditions or by accessing or using the Roar Engine Service or Site, You acknowledge that You have read, understood, and agree to be bound by these terms and conditions, as they are amended from time to time. If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these terms and conditions, You must not accept these terms and conditions and may not use the Roar Engine Service.
We reserve the right to change these terms and conditions at any time and without prior notice. You may review the latest version of the terms and conditions at http://roarengine.com/terms. Any updates will become effective upon posting, and usage of the Roar Engine Service after that time will constitute Your acceptance of the changes. If You do not agree with and accept the changes to the terms and conditions, Your only remedy is to stop accessing and using the Roar Engine Service.
(a) All rights to intellectual property in the Roar Engine Service, including copyright in all software and content, and the trade marks used by us in connection with the system are owned or licensed by us. All Developer accounts and information remain our property. Run With Robots reserves all rights in and to the Roar Engine Service that are not expressly granted to you.
(b) In the event that You suggest to us any improvements or modifications to the Roar Engine Service or Site, You agree that we are not obliged to act on Your suggestion but that, if we do, all intellectual property rights that You have in any of those improvements or modifications are automatically assigned to us without any further documentation being required to complete this assignment.
(c) We grant You a limited, non-exclusive, revocable and non-transferable licence to use the Roar Engine Service, subject to these terms and conditions.
(a) If You are under the age of 13, You cannot have an account and You cannot use the Roar Engine Service. If You are under the age of 18, Your parent or guardian must establish the account for You. In creating an account for You, Your parent or guardian accepts responsibility for You in relation to Your use of the Roar Engine Service.
(b) If You are an individual entering this agreement on behalf of an entity, You must be authorized to bind the entity to this agreement.
(c) You must provide true and accurate information about Yourself as prompted when creating Your account, and update the information when necessary to ensure that the information remains true and accurate.
(d) You must keep Your account details, including Your password, secure and not allow others to use Your account. You are responsible for everything done with Your account.
Furthermore, You agree that:
(a) We can do whatever we deem necessary and appropriate to preserve the integrity of the Roar Engine Service. We can restrict, limit, suspend, terminate or delete Your account, or otherwise reject attempts to access the system, at any time and for any reason, including when You have not followed these terms and conditions.
(b) We may gather information about Your usage of the Site and Roar Engine Service that we will analyse in order to improve our products and systems.
Run With Robots grants You permission to use the Roar Engine Service under the terms and conditions, provided that:
(a) You fully comply with these terms and conditions;
(b) You do not copy, publicly display or distribute any part of the Roar Engine Service in any medium without Run With Robots‘ prior written authorisation;
(c) You do not alter, modify or otherwise reverse engineer, decompile, disassemble or attempt to discover the source code of any part of the Roar Engine Service other than as may be reasonably necessary to use the Roar Engine Service for its intended purposes;
(d) You do not use the Roar Engine Service in any way that breaches applicable laws or that (at our discretion) could be considered unfair, misleading, damaging, offensive or antisocial or outside the ‘spirit' of the service.
(e) You will not post false, inaccurate, misleading, defamatory, libelous, unlawful or offensive
(f) You will not intentionally interfere with or damage, impair or disable the operation of the Roar Engine Service or any user‘s enjoyment of it, by any means;
(g) You will not to attempt to gain unauthorized access to any part of the Roar Engine Service, including other accounts, computer systems or networks connected to the Roar Engine Service;
(h) You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Developers using the Roar Engine Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(i) You must not attempt to sell, rent, lease, lend, share, distribute, sub-licence or otherwise deal commercially with any part of Roar Engine system, or Your rights under these terms and conditions. You must not trade, sell or otherwise transfer user accounts or in-game currency, items, resources or status, and we will not recognise any such transfer.
(a) We endeavour to provide access to the full Roar Engine Service continuously, however we offer no guarantee that You can always access the whole or any part of the Roar Engine Service or its systems.
(b) You acknowledge that: (i) access may be limited at any time and for any reason, including suspension or termination of Your account, errors in the system or downtime for maintenance of the system; (ii) data may be lost and game states may be changed or reset, at any time and for any reason, including errors in the system; and (iii) we have no obligations to fix any errors in the Roar Engine Service, including but not limited to those that make parts of, or the entire, service unusable.
(c) You agree that we (and our related bodies corporate, agents, officers, employees) have no obligations, and are under no liability, to You regarding any loss or damage suffered or costs incurred by You or others (whether in-game or in the real world), whether through the negligence of us, our employees or contractors or otherwise, arising from (without limitation): (i) reliance by You on any information provided by us or others, including other Developers using the Roar Engine Service, in or in relation to the Roar Engine Service; (ii) corruption or loss of data, errors or interruptions, suspensions or discontinuance of the Roar Engine Service or Your access to it; (iii) any delay, fault, failure, interruption or service difficulty caused by any third party goods or services, or any defects or faults in the hardware, software or computer system used by You to access the Roar Engine Service (including any viruses, malicious computer code or similar forms of interference, telecommunications failure or faults or defective networks or Internet connection); or (iv) the actions of others using the Roar Engine Service. This clause applies to all losses, damages and costs (whether foreseeable or otherwise) including but not limited to direct, indirect and consequential damages of any kind, loss of profits or revenue, loss of opportunity, loss of data and all legal costs.
(d) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty is deemed to be included but our liability is limited for a breach of that condition or warranty to supplying the relevant services again or the payment of the costs of having the services supplied again.
(e) This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
(f) In summary, YOU AGREE THAT: (A) THE SERVICE IS PROVIDED ON AN ‘AS-IS', AND‚ 'AS AVAILABLE' BASIS. (B) YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. (C) THE SERVICE IS PROVIDED WITHOUT ANY WARRANTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
(g) You agree to indemnify us (and our related bodies corporate, agents, officers and employees) for any loss or damage suffered or costs incurred by any of those parties if You (or anyone using Your account, whether authorised by You or not) breaches these terms and conditions, or any laws, in relation to the Roar Engine Service.
(h) You agree that You are responsible for managing the risks of viruses, malicious computer code or other forms of interference which may damage the computer systems that You or Your end users use to access the Roar Engine Service.
Roar Engine Service enables You to develop, submit and update information ("Submissions") that may be used through games and applications in connection with the Roar Engine Service. In connection with the Submissions:
(a) You are solely responsible for all of the Submissions from Your account, and accept the consequences of posting or publishing them. This means that You, and not Run With Robots, are responsible for any and all Submissions made through the Roar Engine Service from Your Account. You agree that Run With Robots has no liability with respect to any Submissions from Your Account, including but not limited to Your own submissions, and You hereby irrevocably release Run With Robots and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Submissions from Your Account or any part thereof.
(b) Run With Robots does not guarantee any confidentiality with respect to any Submissions.
(c) You affirm, represent, and warrant that: (i) You own or have the necessary rights, licenses, and permissions to use and authorize Run With Robots to use all data contained in each such Submission and to enable inclusion and use of such Submissions in the manner contemplated by the Service and this Agreement, and to grant the rights and license set forth above (including all rights necessary for the use of any works),; (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Service; and (iii) the posting of Your Submission does not violate ownership, copyright, privacy or any other rights of any person or entity. If it is subsequently demonstrated that royalties, fees, or other monies are owed, now or in the future, in relation to any Submission from Your account, You agree to pay all these monies and indemnify Run With Robots and each of its related body corporates, agents, officers and employees from any such payments.
(d) You agree that You will not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material and to grant Run With Robots all of the license rights granted herein; (ii) submit any material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) publish falsehoods or misrepresentations that could damage Run With Robots, its officers, employees, agents or affiliated parties. For the avoidance of doubt, You may not submit any copyrighted games, content or information that You do not own or have an express written license to use on the Roar Engine Service. Failure to abide by this clause may subject You to liability for infringement damages.
(e) By submitting Submissions to Run With Robots, or displaying, publishing, or otherwise posting any content on or through the Roar Engine Service, You hereby do and shall grant Run With Robots an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to associate Your game or application to which the Submissions relate with the Roar Engine Service for the purposes of promoting part or all of the Roar Engine Service (and derivative works thereof) and Run with Robots in any media formats and through any media channels. For clarity, the foregoing license will allow Run with Robots, without limitation, to name You as a client of and user of the Roar Engine Service and to identify your game or application as having been developed on and through use of the Roar Engine Service. The licence granted by You to Run With Robots does not affect Your other ownership or license rights in Your Submission(s), including the right to grant additional licenses to the material in Your Submission(s).
(f) Run With Robots disclaims any endorsement, explicit or implied, of any Submission or any opinion, recommendation, or advice expressed therein. Furthermore Run With Robots makes no warranty with regards to the integrity, quality, legality, safety, or intellectual property rights relating to Submissions, and expressly disclaims any and all responsibility with regards to Submissions. By accessing or using any Submissions through the Roar Engine Service, You waive any and all claims against Run With Robots that You may have arising out of or relating to such Submissions and You indemnify Run With Robots and each of its related body corporates, agents, officers and employees from all claims and liabilities arising from the content of, use or access by any person of such Submissions.
(g) Run With Robots does not control Submissions, and assumes no obligation to monitor such submissions for any purpose. Run With Robots may, at its sole discretion, decide to monitor or investigate a Submission, however this in no way constitutes responsibility for the Submission, nor an obligation to modify or remove the Submission. Run With Robots reserves the right, but not the obligation, to screen Submissions. Run With Robots may reject, refuse to post or remove any posting (including private messages and Submissions) by You, or to restrict, suspend or terminate Your access to all or any part of the Service at any time, for any or no reason, with or without prior notice.
(a) We reserve the right to apply and amend fees for access to the Roar Engine Service (or to parts of it) at any time, without prior notice. Where a particular feature or function has a fee You will have an opportunity to review the fees that You will be charged based on our stated fees, which we may change from time to time. Where fees apply to a particular feature or function of the Roar Engine Service, your use of such feature or function amounts to your agreement to pay for the services or features You use and Your acceptance of the charges incurred by such use.
(b) Where you have outstanding fees, You will be notified of these outstanding fees by email. Payment for any outstanding fees must be be made within seven (7) days of notice. You are liable for all monies owed. Failure to make payment within the prescribed period, without limitation to other rights Run With Robots may have, may result in the suspension or termination of Your account, and if required, proceedings may be brought against You to recover any outstanding amounts.
(c) Any costs incurred by You in accessing the Roar Engine Service, including the cost of purchasing and maintaining computer and telecommunications equipment and telecommunications and internet access costs, are Your responsibility.
(a) We may terminate this agreement at any time, for any reason and without notice to You, by terminating Your access to the Roar Engine Service by cancellation of Your account.
(b) You may terminate this agreement at any time, and for any reason, by not using Your account to access the Roar Engine Service anymore. If You re-access the Roar Engine Service in future, You again agree to be bound by these terms and conditions (as they exist at the time).
(c) If there is no activity associated with an account for twelve (12) months, You understand and acknowledge that Run With Robots may, in its sole discretion, deactivate the account.
(d) Upon termination: (i) the licence granted to You by this agreement ceases; (ii) we are under no liability to You for any losses or costs (whether in-game or in the real world) arising from that termination, whether through our negligence or otherwise; (iii) the provisions of this agreement relating to ownership of intellectual property, redemption of in-world items, restrictions on use of our intellectual property, limits on our liability and governing law survive termination; and (iv) termination does not affect any rights or liabilities accrued by either of us before termination.
You may be required to provide personal details when You create an account within the Roar Engine Service. Any personal information provided to us is used only for contacting You in relation to Your account and the Roar Engine Service, and is collected, stored and handled in accordance with the requirements of the Privacy Act 1988. If You do not agree to the use of this information for these purposes, You may choose not to create an account or, if You have already done so, You may choose to cancel Your account by writing to us. Your agreement to these terms and conditions includes Your compliance with our Privacy Policy, that can be found here http://roarengine.com/privacy
(a) The Roar Engine Service may contain advertisements for real world products and services of others. Responsibility for the content of the advertisements, including any representations made and hyperlinks to the advertisers' own websites, rests solely with the advertiser. The placement of such content or advertisements does not constitute a recommendation or endorsement by us of the product or service being advertised, or of the advertiser.
(b) As part of those advertisements or otherwise, the Roar Engine Service and Site may contain links to other web sites. These links are provided only for convenience and may not remain current or be maintained. We make no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information on those linked sites. Any links to another site should not be construed as an endorsement or recommendation by us of any information, goods or services contained on that website. Your use of the links to other sites is entirely at Your own risk.
(c) All content posted by You to discussion forums provided through the Roar Engine Service is Your responsibility. Use of such forums remains subject to these terms and conditions, including the restrictions on illegal, offensive and antisocial behaviour. You grant us irrevocably all rights required for us to use or remove such content as we see fit. You must not create anything on the system for which You cannot grant us such rights.
(d) You must ensure that Your access to the Roar Engine Service is not illegal or prohibited by laws which may apply to You in the location from which You access the system.
(e) These terms and conditions represent the entire agreement between You and us regarding Your access to and use of the Roar Engine Service.
(f) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights are automatically waived on any other occasion.
(g) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions nevertheless continue in full force.
(h) You cannot transfer, assign or sub-licence Your rights under this agreement. We may transfer, assign or sub-licence our rights under this agreement at our discretion and without notice to You.
(i) These terms and conditions are governed by the law applicable in South Australia. You agree to the exclusive jurisdiction of the courts of South Australia, Australia to determine any dispute arising out of these terms and conditions.
End of Terms
Roar Engine may be available at http://roarengine.com (the "Site") and comprises of websites and services (collectively the "Roar Engine Service") owned and operated by Run With Robots Pty Ltd ("Run With Robots", “we”, “us”, “our”). The Roar Engine Service enables developers (“you”, “Your”) to create, publish and access game and application data online. The Roar Engine Service comprises, but is not limited to :
- the online service provided by Run With Robots, and the software that runs on our servers in order to provide the service;
- all content, layout and workflows in the Roar Engine Service created by Run With Robots, including but not limited to text, graphics, logos, sound and images;
- any documentation provided by Run With Robots relating to the Roar Engine Service, whether in hardcopy, electronic or online form; and
- any copies and derivative works of the software and documentation, as they exist from time to time.
We may modify or remove any part of the Roar Engine Service at any time, without notice. The Roar Engine Service does not include the operating system, browser and other software on Your computer that You use to access the online service. The games and applications using the Roar Engine Service are provided by persons and entities (“Developers”) who, by using the Roar Engine Service, warrant and represent that they have the right to authorise the use of their content and any other information submitted through the Roar Engine Service.
These Terms and Conditions
These terms and conditions apply to Your use of the Roar Engine Service. Please read these terms and conditions carefully before using the Roar Engine Service. By accepting these terms and conditions or by accessing or using the Roar Engine Service or Site, You acknowledge that You have read, understood, and agree to be bound by these terms and conditions, as they are amended from time to time. If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these terms and conditions, You must not accept these terms and conditions and may not use the Roar Engine Service.
We reserve the right to change these terms and conditions at any time and without prior notice. You may review the latest version of the terms and conditions at http://roarengine.com/terms. Any updates will become effective upon posting, and usage of the Roar Engine Service after that time will constitute Your acceptance of the changes. If You do not agree with and accept the changes to the terms and conditions, Your only remedy is to stop accessing and using the Roar Engine Service.
Intellectual Property and License
(a) All rights to intellectual property in the Roar Engine Service, including copyright in all software and content, and the trade marks used by us in connection with the system are owned or licensed by us. All Developer accounts and information remain our property. Run With Robots reserves all rights in and to the Roar Engine Service that are not expressly granted to you.
(b) In the event that You suggest to us any improvements or modifications to the Roar Engine Service or Site, You agree that we are not obliged to act on Your suggestion but that, if we do, all intellectual property rights that You have in any of those improvements or modifications are automatically assigned to us without any further documentation being required to complete this assignment.
(c) We grant You a limited, non-exclusive, revocable and non-transferable licence to use the Roar Engine Service, subject to these terms and conditions.
2. Eligibility and Account
(a) If You are under the age of 13, You cannot have an account and You cannot use the Roar Engine Service. If You are under the age of 18, Your parent or guardian must establish the account for You. In creating an account for You, Your parent or guardian accepts responsibility for You in relation to Your use of the Roar Engine Service.
(b) If You are an individual entering this agreement on behalf of an entity, You must be authorized to bind the entity to this agreement.
(c) You must provide true and accurate information about Yourself as prompted when creating Your account, and update the information when necessary to ensure that the information remains true and accurate.
(d) You must keep Your account details, including Your password, secure and not allow others to use Your account. You are responsible for everything done with Your account.
Furthermore, You agree that:
(a) We can do whatever we deem necessary and appropriate to preserve the integrity of the Roar Engine Service. We can restrict, limit, suspend, terminate or delete Your account, or otherwise reject attempts to access the system, at any time and for any reason, including when You have not followed these terms and conditions.
(b) We may gather information about Your usage of the Site and Roar Engine Service that we will analyse in order to improve our products and systems.
3. Access
Run With Robots grants You permission to use the Roar Engine Service under the terms and conditions, provided that:
(a) You fully comply with these terms and conditions;
(b) You do not copy, publicly display or distribute any part of the Roar Engine Service in any medium without Run With Robots‘ prior written authorisation;
(c) You do not alter, modify or otherwise reverse engineer, decompile, disassemble or attempt to discover the source code of any part of the Roar Engine Service other than as may be reasonably necessary to use the Roar Engine Service for its intended purposes;
(d) You do not use the Roar Engine Service in any way that breaches applicable laws or that (at our discretion) could be considered unfair, misleading, damaging, offensive or antisocial or outside the ‘spirit' of the service.
(e) You will not post false, inaccurate, misleading, defamatory, libelous, unlawful or offensive
(f) You will not intentionally interfere with or damage, impair or disable the operation of the Roar Engine Service or any user‘s enjoyment of it, by any means;
(g) You will not to attempt to gain unauthorized access to any part of the Roar Engine Service, including other accounts, computer systems or networks connected to the Roar Engine Service;
(h) You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Developers using the Roar Engine Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(i) You must not attempt to sell, rent, lease, lend, share, distribute, sub-licence or otherwise deal commercially with any part of Roar Engine system, or Your rights under these terms and conditions. You must not trade, sell or otherwise transfer user accounts or in-game currency, items, resources or status, and we will not recognise any such transfer.
4. Warranties and Indemnities
(a) We endeavour to provide access to the full Roar Engine Service continuously, however we offer no guarantee that You can always access the whole or any part of the Roar Engine Service or its systems.
(b) You acknowledge that: (i) access may be limited at any time and for any reason, including suspension or termination of Your account, errors in the system or downtime for maintenance of the system; (ii) data may be lost and game states may be changed or reset, at any time and for any reason, including errors in the system; and (iii) we have no obligations to fix any errors in the Roar Engine Service, including but not limited to those that make parts of, or the entire, service unusable.
(c) You agree that we (and our related bodies corporate, agents, officers, employees) have no obligations, and are under no liability, to You regarding any loss or damage suffered or costs incurred by You or others (whether in-game or in the real world), whether through the negligence of us, our employees or contractors or otherwise, arising from (without limitation): (i) reliance by You on any information provided by us or others, including other Developers using the Roar Engine Service, in or in relation to the Roar Engine Service; (ii) corruption or loss of data, errors or interruptions, suspensions or discontinuance of the Roar Engine Service or Your access to it; (iii) any delay, fault, failure, interruption or service difficulty caused by any third party goods or services, or any defects or faults in the hardware, software or computer system used by You to access the Roar Engine Service (including any viruses, malicious computer code or similar forms of interference, telecommunications failure or faults or defective networks or Internet connection); or (iv) the actions of others using the Roar Engine Service. This clause applies to all losses, damages and costs (whether foreseeable or otherwise) including but not limited to direct, indirect and consequential damages of any kind, loss of profits or revenue, loss of opportunity, loss of data and all legal costs.
(d) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty is deemed to be included but our liability is limited for a breach of that condition or warranty to supplying the relevant services again or the payment of the costs of having the services supplied again.
(e) This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
(f) In summary, YOU AGREE THAT: (A) THE SERVICE IS PROVIDED ON AN ‘AS-IS', AND‚ 'AS AVAILABLE' BASIS. (B) YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. (C) THE SERVICE IS PROVIDED WITHOUT ANY WARRANTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
(g) You agree to indemnify us (and our related bodies corporate, agents, officers and employees) for any loss or damage suffered or costs incurred by any of those parties if You (or anyone using Your account, whether authorised by You or not) breaches these terms and conditions, or any laws, in relation to the Roar Engine Service.
(h) You agree that You are responsible for managing the risks of viruses, malicious computer code or other forms of interference which may damage the computer systems that You or Your end users use to access the Roar Engine Service.
5. Submissions
Roar Engine Service enables You to develop, submit and update information ("Submissions") that may be used through games and applications in connection with the Roar Engine Service. In connection with the Submissions:
(a) You are solely responsible for all of the Submissions from Your account, and accept the consequences of posting or publishing them. This means that You, and not Run With Robots, are responsible for any and all Submissions made through the Roar Engine Service from Your Account. You agree that Run With Robots has no liability with respect to any Submissions from Your Account, including but not limited to Your own submissions, and You hereby irrevocably release Run With Robots and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Submissions from Your Account or any part thereof.
(b) Run With Robots does not guarantee any confidentiality with respect to any Submissions.
(c) You affirm, represent, and warrant that: (i) You own or have the necessary rights, licenses, and permissions to use and authorize Run With Robots to use all data contained in each such Submission and to enable inclusion and use of such Submissions in the manner contemplated by the Service and this Agreement, and to grant the rights and license set forth above (including all rights necessary for the use of any works),; (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Service; and (iii) the posting of Your Submission does not violate ownership, copyright, privacy or any other rights of any person or entity. If it is subsequently demonstrated that royalties, fees, or other monies are owed, now or in the future, in relation to any Submission from Your account, You agree to pay all these monies and indemnify Run With Robots and each of its related body corporates, agents, officers and employees from any such payments.
(d) You agree that You will not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material and to grant Run With Robots all of the license rights granted herein; (ii) submit any material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) publish falsehoods or misrepresentations that could damage Run With Robots, its officers, employees, agents or affiliated parties. For the avoidance of doubt, You may not submit any copyrighted games, content or information that You do not own or have an express written license to use on the Roar Engine Service. Failure to abide by this clause may subject You to liability for infringement damages.
(e) By submitting Submissions to Run With Robots, or displaying, publishing, or otherwise posting any content on or through the Roar Engine Service, You hereby do and shall grant Run With Robots an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to associate Your game or application to which the Submissions relate with the Roar Engine Service for the purposes of promoting part or all of the Roar Engine Service (and derivative works thereof) and Run with Robots in any media formats and through any media channels. For clarity, the foregoing license will allow Run with Robots, without limitation, to name You as a client of and user of the Roar Engine Service and to identify your game or application as having been developed on and through use of the Roar Engine Service. The licence granted by You to Run With Robots does not affect Your other ownership or license rights in Your Submission(s), including the right to grant additional licenses to the material in Your Submission(s).
(f) Run With Robots disclaims any endorsement, explicit or implied, of any Submission or any opinion, recommendation, or advice expressed therein. Furthermore Run With Robots makes no warranty with regards to the integrity, quality, legality, safety, or intellectual property rights relating to Submissions, and expressly disclaims any and all responsibility with regards to Submissions. By accessing or using any Submissions through the Roar Engine Service, You waive any and all claims against Run With Robots that You may have arising out of or relating to such Submissions and You indemnify Run With Robots and each of its related body corporates, agents, officers and employees from all claims and liabilities arising from the content of, use or access by any person of such Submissions.
(g) Run With Robots does not control Submissions, and assumes no obligation to monitor such submissions for any purpose. Run With Robots may, at its sole discretion, decide to monitor or investigate a Submission, however this in no way constitutes responsibility for the Submission, nor an obligation to modify or remove the Submission. Run With Robots reserves the right, but not the obligation, to screen Submissions. Run With Robots may reject, refuse to post or remove any posting (including private messages and Submissions) by You, or to restrict, suspend or terminate Your access to all or any part of the Service at any time, for any or no reason, with or without prior notice.
6. Fees & Costs
(a) We reserve the right to apply and amend fees for access to the Roar Engine Service (or to parts of it) at any time, without prior notice. Where a particular feature or function has a fee You will have an opportunity to review the fees that You will be charged based on our stated fees, which we may change from time to time. Where fees apply to a particular feature or function of the Roar Engine Service, your use of such feature or function amounts to your agreement to pay for the services or features You use and Your acceptance of the charges incurred by such use.
(b) Where you have outstanding fees, You will be notified of these outstanding fees by email. Payment for any outstanding fees must be be made within seven (7) days of notice. You are liable for all monies owed. Failure to make payment within the prescribed period, without limitation to other rights Run With Robots may have, may result in the suspension or termination of Your account, and if required, proceedings may be brought against You to recover any outstanding amounts.
(c) Any costs incurred by You in accessing the Roar Engine Service, including the cost of purchasing and maintaining computer and telecommunications equipment and telecommunications and internet access costs, are Your responsibility.
7. Termination
(a) We may terminate this agreement at any time, for any reason and without notice to You, by terminating Your access to the Roar Engine Service by cancellation of Your account.
(b) You may terminate this agreement at any time, and for any reason, by not using Your account to access the Roar Engine Service anymore. If You re-access the Roar Engine Service in future, You again agree to be bound by these terms and conditions (as they exist at the time).
(c) If there is no activity associated with an account for twelve (12) months, You understand and acknowledge that Run With Robots may, in its sole discretion, deactivate the account.
(d) Upon termination: (i) the licence granted to You by this agreement ceases; (ii) we are under no liability to You for any losses or costs (whether in-game or in the real world) arising from that termination, whether through our negligence or otherwise; (iii) the provisions of this agreement relating to ownership of intellectual property, redemption of in-world items, restrictions on use of our intellectual property, limits on our liability and governing law survive termination; and (iv) termination does not affect any rights or liabilities accrued by either of us before termination.
8. Privacy
You may be required to provide personal details when You create an account within the Roar Engine Service. Any personal information provided to us is used only for contacting You in relation to Your account and the Roar Engine Service, and is collected, stored and handled in accordance with the requirements of the Privacy Act 1988. If You do not agree to the use of this information for these purposes, You may choose not to create an account or, if You have already done so, You may choose to cancel Your account by writing to us. Your agreement to these terms and conditions includes Your compliance with our Privacy Policy, that can be found here http://roarengine.com/privacy
9. Other
(a) The Roar Engine Service may contain advertisements for real world products and services of others. Responsibility for the content of the advertisements, including any representations made and hyperlinks to the advertisers' own websites, rests solely with the advertiser. The placement of such content or advertisements does not constitute a recommendation or endorsement by us of the product or service being advertised, or of the advertiser.
(b) As part of those advertisements or otherwise, the Roar Engine Service and Site may contain links to other web sites. These links are provided only for convenience and may not remain current or be maintained. We make no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information on those linked sites. Any links to another site should not be construed as an endorsement or recommendation by us of any information, goods or services contained on that website. Your use of the links to other sites is entirely at Your own risk.
(c) All content posted by You to discussion forums provided through the Roar Engine Service is Your responsibility. Use of such forums remains subject to these terms and conditions, including the restrictions on illegal, offensive and antisocial behaviour. You grant us irrevocably all rights required for us to use or remove such content as we see fit. You must not create anything on the system for which You cannot grant us such rights.
(d) You must ensure that Your access to the Roar Engine Service is not illegal or prohibited by laws which may apply to You in the location from which You access the system.
(e) These terms and conditions represent the entire agreement between You and us regarding Your access to and use of the Roar Engine Service.
(f) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights are automatically waived on any other occasion.
(g) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions nevertheless continue in full force.
(h) You cannot transfer, assign or sub-licence Your rights under this agreement. We may transfer, assign or sub-licence our rights under this agreement at our discretion and without notice to You.
(i) These terms and conditions are governed by the law applicable in South Australia. You agree to the exclusive jurisdiction of the courts of South Australia, Australia to determine any dispute arising out of these terms and conditions.
End of Terms
Roar Engine © 2010 Run With Robots Pty Ltd. All rights reserved.