These Terms of Service (“Terms”) govern your access to and use of the services, including our various websites, forums, games, software, SMS, APIs, email notifications, applications, buttons, widgets, ads, and commerce services (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Breach: Arena® (the “Game”) is a free-to-play, session-based, multiplayer online “tower defense” game developed and operated by Space Rhino Games, Corp., a Puerto Rico Corporation (“Space Rhino Games”). For purposes of this Agreement (defined below), “you” and “your” mean the user of the device on which the Services will be or has been installed.
In using the Services, and/or by clicking “accept” when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Game, you must also: (i) read, understand and agree to these Terms; (ii) install a valid copy of the Game Software (“the Software”); (iii) register for an account in the Game (an “Account”); and (iv) meet the hardware and connection requirements published on the Site. These requirements may change as the Services evolve. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Services.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Space Rhino Games and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Space Rhino Games provides are always evolving and the form and nature of the Services that Space Rhino Games provides may change from time to time without prior notice to you. In addition, Space Rhino Games may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Space Rhino Games on the Services are subject to change. In consideration for Space Rhino Games granting you access to and use of the Services, you agree that Space Rhino Games and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Space Rhino Games cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no cir***stances will Space Rhino Games be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
5.1: You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
5.2: You agree that this license includes the right for Space Rhino Games to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Space Rhino Games for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
5.3: Such additional uses by Space Rhino Games, or other companies, organizations or individuals who partner with Space Rhino Games, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
5.4: We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
5.5: You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Space Rhino Games will not be responsible or liable for any use of your Content by Space Rhino Games in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
6.1: The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Services are defined in and subject to these terms.
6.2: Space Rhino Games gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software that is provided to you by Space Rhino Games as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Space Rhino Games, in the manner permitted by these Terms.
6.3: Any use of the Software in violation of the license limitations set forth below is an unauthorized use of the Software outside of the license granted to you in these Terms, and will be regarded as an infringement of the copyrights Space Rhino Games holds in and to the Software and the Game. You agree that you will not, under any cir***stances:
A. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Game, to a third party;
C. Modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Space Rhino Games;
D. Make use of, or cause any other person or entity to make use of, the Software or the Game for any commercial purpose, including but not limited to, selling in-Game items outside of the Game, or selling Game Accounts, except such transactions as may be authorized by Space Rhino Games and conducted via services provided by Space Rhino Games; or
E. Use any unauthorized third-party programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any third-party programs that intercept, emulate or redirect any communication between the Software and Space Rhino Games, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
6.4: When you are using the Software, the Software may monitor your computer’s random access memory (RAM) for unauthorized third party programs that interact with the Software and/or the Game. In the event that the Software detects such an unauthorized third party program, information may be communicated back to Space Rhino Games, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specs and performance characteristics of your device, with or without additional notice to you. No other information about you or your device will be communicated to Space Rhino Games with the Software. If the Software detects the use of an unauthorized third party program, your access to the Game may be terminated with or without additional notice to you.
7. Space Rhino Games Rights
7.1: All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Space Rhino Games and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Space Rhino Games name or any of the Space Rhino Games trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Space Rhino Games, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7.2: All rights and title in and to the Content (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Rhino Points (defined below), audio-visual effects, character likenesses, and methods of operation) are owned by Space Rhino Games or its licensors.
7.3: Space Rhino Games does not authorize you to make any use whatsoever of any Space Rhino Games trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress under any cir***stances without a written license agreement.
7.4: When using the Game, you may ac***ulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, battle cards, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Space Rhino Games as data. You acknowledge and agree that such Game Assets are ac***ulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that Space Rhino Games has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Space Rhino Games does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Space Rhino Games, including without limitation the Game Assets associated with your Account.
7.5: If you have a valid, active Account, you may participate in our Space Rhino Points service offering, which is a redeemable point system that operates like virtual currency (“Rhino Points”) used to license certain Game Assets that can be used while playing the Game, including, without limitation, special guardians, guardians “skins,” and boosts (“Virtual Items”). Rhino Points can be purchased online through the in-Game store. Rhino Points might also be provided to you by Riot Games as part of a promotion, or through other means, such as completing certain achievements in the Game, or through Rhino Games-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Rhino Points. Rhino Points are sold or issued in different quantities and the price may vary depending on the amount you purchase and where you are purchasing. As Space Rhino Games feels necessary, in its sole and absolute discretion, Space Rhino Games may limit the total amount of Rhino Points that may be purchased at any one time, and/or limit the total Rhino Points that may be held in your Account in the aggregate. Space Rhino Games will notify you in the event that you near any such limit. Additionally, price and availability of Space Rhino Points and/or Virtual Items are subject to change without notice.
7.6: You are solely responsible for verifying that the proper amount of Rhino Points has been added to or deducted from your Account during any given transaction, so please notify Rhino Games immediately of any irregularity. Space Rhino Games will investigate your claim, and in doing so, may request some additional information and/or do***entation to verify your claim. Space Rhino Games will let you know the results of the investigation, however, you acknowledge and agree that Space Rhino Games has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
7.7: You further acknowledge and agree that the Rhino Points System and the Virtual Items you acquire have no monetary value and cannot be redeemed for cash. No refunds will be made for the purchase of Rhino Points or for Virtual Items obtained using Rhino Points. Some Virtual Items you obtain may have expiration dates while others do not, and each Virtual Item you obtain using Rhino Points will be included in your Account until the earlier of that Virtual Item’s expiration date, or your Account’s expiration or termination date, or such date when Space Rhino Games ceases to offer or support the Game.
7.8: The sale or transfer of Virtual Items or Rhino Points between users may only be conducted via services approved of and provided by Space Rhino Games, if any, and Space Rhino Games may terminate any Account that acts in contravention of this prohibition.
7.9:Space Rhino Games shall not be liable in any manner for the destruction, deletion, modification, impairment, “hacking”, or any other damage or loss of any kind caused to the Game Assets, Virtual Items or Rhino Points, including but not limited to the deletion of Game Assets, Virtual Items or Rhino Points upon the termination or expiration of your account.
7.10: Space Rhino Games may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you hereby give your consent to Space Rhino Games to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
7.11Space Rhino Games reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain provisions of these Terms as the Services and the law evolve; provided, however, that material changes to these Terms will not be applied retroactively. Such changes will be effective with or without prior notice to you. You are responsible for checking these Terms periodically for changes. If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity to review and to accept or reject the current version of these Terms. If any future changes to these Terms are unacceptable to you or cause you to no longer be in agreement or compliance with these Terms, you may terminate this Agreement in accordance with Section 10 and must immediately stop playing the Game and uninstall the Software. Your continued use of the Game following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
8. Unsolicited Ideas or Creations
At Space Rhino Games we greatly appreciate user feedback and ideas. It helps the game grow and we believe our community is an essential part of the Game. We understand that users might or will submit their own ideas, creations, drawings, custom art and others to our team or contractors in support of the Game. If you do choose to submit any Unsolicited Idea to Space Rhino Games, understand that by doing so, you acknowledge and agree that, from the time of transmission or dispatch, you grant Space Rhino Games and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all do***ents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Space Rhino Games as specified above are valid, effective and enforceable. You also give up any claim that any use by Space Rhino Games and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
9. Restrictions on Content and Use of the Services
Please review the Space Rhino Game and Use Rules (which are part of these Terms) to better understand what is prohibited on the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Space Rhino Games, its users and the public.
(Space Rhino Game and Use Rules)
A. Impersonating any person, business, or entity, including an employee of Space Rhino Games, or communicating in any way that makes it appear that the communication originates from Space Rhino Games;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking, or threatening any other users;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Space Rhino Games contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Space Rhino Games, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spam, be it of a personal or commercial nature.
H. Participating in any action which, in the sole and exclusive judgment of Space Rhino Games, “exploits” an undo***ented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Space Rhino Games, defrauds any other user of the Game, including, but not limited to, by “scamming” or “social engineering;”
J. Using any unauthorized third party programs, including but not limited to “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Space Rhino Games and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;
K. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
L. Selecting an ac**** name that is falsely indicative of an association with Space Rhino Games, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to cir***vent this restriction on account name choices. Space Rhino Games may modify any name which, in the sole and exclusive judgment of Space Rhino Games, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or
M. Logging out or exiting the Game during live game-play. Space Rhino Games may track these occurences as it sees fit and may apply penalties, such as but not limited to, temporary bans.
10. Copyright Policy
Space Rhino Games respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate cir***stances, Twitter will also terminate a user’s account if the user is determined to be a repeat infringer.
You may contact us, concerning the above policy, at our Copyright Agent:
Space Rhino Games Corp. Att. Copyright Agent, PR 34, Valle Tolima West Industrial Park, Caguas, PR 00725 or via email at firstname.lastname@example.org.
11. Ending These Terms
The Terms will continue to apply until terminated by either you or Space Rhino Games as follows.
You may end your legal agreement with Space Rhino Games at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Space Rhino Games when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Space Rhino Game and Use Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 9, 11, 13 and 14.
Nothing in this section shall affect Space Rhino Games’ rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
The Game is an “on-line” game that must be played over the internet through the Services provided by or on behalf of Space Rhino Games. You acknowledge and agree that Space Rhino Games, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Space Rhino Games may change, modify, suspend, “nerf,” discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Space Rhino Games and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Space Rhino Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SPACE RHINO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Space Rhino Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Space Rhino Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Space Rhino Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Space Rhino Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPACE RHINO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SOFTWARE AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SOFTWARE AND SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SPACERHINO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SPACE RHINO GAMES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SPACE RHINO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Export Controls
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Equitable Remedies
You hereby acknowledge and agree that Space Rhino Games would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Space Rhino Games shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
14. General Terms
A. Waiver and Severability
The failure of Space Rhino Games to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Puerto Rico without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the municipality of San Juan, Puerto Rico, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Puerto Rico(excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at www.breacharena.com/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Services are operated and provided by Space Rhino Games Corp., PR 34, Valle Tolima West Industrial Park, Caguas, PR 00725. If you have any questions about these Terms, please contact us.
Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.