BY USING OR OTHERWISE ACCESSING A PRODUCT, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS ANY PRODUCT. USE OF EACH PRODUCT IS VOID WHERE PROHIBITED. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
OUR PRIVACY VALUES
NO TOLERANCE HARASSMENT POLICY
RetroStage Computing has a no-tolerance policy for harassment of its employees, partners, users, customers, and players. If you are found to be harassing any employee, partner, other user, customer, or player using our Products, our social media channels, or using our e-mail accounts, RetroStage Computing can and will ban you from using the applicable Product, ban you on social media, and prevent you from accessing our other or our future Products. In extreme cases, RetroStage Computing will consider all available remedies, including contacting local authorities. Harassment includes:
Using Content from our Product, the likeness of our employees, partners, other users, names, other users’ Content, IP, and Product images, in a context that is defamatory, slanderous, offensive, or considered gender or racial slur.
Spamming our social media channels with content that is unrelated to the Products we create and our company mission of creating games for diverse audiences and to be played by diverse people.
ACCEPTABLE USE POLICY
You agree not to use any Product to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party or our Harassment Policy.
In addition, you agree not to: (i) upload, transmit, or distribute to or through any of our Products any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through any Product unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use any Product to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Products, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to any Product (or to other computer systems or networks connected to or used together with the Products), whether through password mining or any other means; or (vi) use software or automated agents or scripts to produce multiple accounts on any Product, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) any Product (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from this site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
FEEDBACK YOU PROVIDE
We value hearing from our users, and are always interested in learning about ways we can make RetroStage Computing more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, RetroStage Computing does not waive any rights to use similar or related Feedback previously known to RetroStage Computing, or developed by its employees, or obtained from sources other than you.
RetroStage Computing respects the intellectual property of others and asks that users of our Products do the same. In connection with our Products, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Products who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Products, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent can be reached at firstname.lastname@example.org.
THIRD PARTY LINKS AND ADS, OTHER USERS
Our Product may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by RetroStage Computing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from RetroStage Computing, you do so at your own risk and you agree that RetroStage Computing will have no liability arising from your use of or access to any third-party website, service, or content.
The Product and all included content are provided on an “as is” and “as available” basis with limited warranty against manufacturer defect. Any damages related to mishandling the Product or tampering will result in any warranty being voided.
LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RetroStage Computing 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL RetroStage Computing AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with RetroStage Computing, you agree to first contact us and attempt to resolve the dispute with us informally by reaching out to email@example.com. If RetroStage Computing has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration under the rules of Judicial Arbitration and Mediation Services (“JAMS”). Unless you and RetroStage Computing agree otherwise, the arbitration will be conducted in Edmonton, Alberta, Canada. The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RetroStage Computing ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Our Products are controlled and operated from Canada, and we make no representations that they are appropriate for use in other locations. Additionally, we make no representations that they are available for use outside of Canada, except for in select territories where they have been made available to users on the platforms where our games are served.
NOTIFICATION PROCEDURES AND CHANGES TO THESE TERMS
RetroStage Computing reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Product after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Product.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RetroStage Computing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RetroStage Computing’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Copyright © 2021 RetroStage Computing. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Terms of Service Inquiries: firstname.lastname@example.org.
USE OF PERSONAL INFORMATION
We use your personal information to:
- respond to comments and questions and provide customer service.
- send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
- communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
- link or combine user information with other personal information.
- protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
- provide and deliver products and services customers request.
SHARING OF PERSONAL INFORMATION
We do not share your personal information unless you ask us to (example, you want us to forward your email to another gaming company for further information, etc).
INFORMATION COLLECTED FROM CHILDREN
We do not knowingly collect personal information from children without parental consent. Users must be 13 years old or older to use the Service, and users under 18 must have parental consent. If we learn that we have inadvertently obtained information from a child, or done so without parental consent, we will promptly delete the information.
THIRD PARTY SITES AND SERVICES
The Service may contain links to third-party websites, products or services. The Service may also offer content from third parties. Information collected by third parties is governed by those third party’s privacy policies.
LOCATION OF SERVERS
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.