Introduction. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR OUR SERVICES.
These Terms of Use (this “Agreement”) governs your use and access to the websites and services operated by or on behalf of RainyGames LLC and its affiliates (“RainyGames”, “we”, or “us”), whether accessed through a web browser, by means of any software application, via any third-party social networking site, or by any other means of services or access.
Throughout this Agreement, we refer to the websites, blogs, community forums, and other online resources we operate or may provide from time to time (including those operated on our behalf by third parties) as our “Websites”. The games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services, are referred to as our “Services” or “Software”. This Agreement applies to RainyGames Websites, Services, and Software, including our corporate website www.rainygames.co.uk, and any other websites, games, and applications that we link to this Agreement now or in the future.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THIS AGREEMENT AND WITH OUR, INCLUDING ALL RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES CONTAINED THEREIN. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND OUR, PLEASE PROMPTLY EXIT THIS WEBSITE AND STOP USING OUR SERVICES AND SOFTWARE.
RAINYGAMES RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AND OUR
AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS AT THIS WEBSITE LOCATION OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS THIS WEBSITE, OUR SERVICES, OR SOFTWARE AFTER NOTICE OF ANY SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Our Policy Regarding Children. We understand the importance of protecting children. Our Websites, Services, and Software are not intended for children under the age of thirteen (13).
If you are under the age of thirteen (13) or the age of majority in your home country, we request that you do not submit any personal information to us whether via our Websites, Services, Software, or through any link to a third-party service we may provide. In the event we learn we have inadvertently gathered personal information from a child under the age of thirteen (13) or the age of majority in your home country, we will take all steps required by law to erase and otherwise remove this information from our records.
If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who directly agrees to be bound by the terms of this Agreement. If you are a parent or legal guardian and agreeing to the terms of this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for your child’s use of this Website, our Services, and our Software, including all financial charges and legal liability your child may incur. Please familiarize yourself with these terms and the terms of our Privacy Policy.
Parents who believe we might have any information from or about a child under thirteen (13) may submit a request to
and we will promptly take the necessary steps to remove all such information and to notify you of the same.
Registration. To access certain functions and applications on this Website, Services or Software, you may be required to register with us. During registration, you will be required to provide contact information, which may include your date of birth, email address, username, and password. You may select any username, provided that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you use your own name, you consent to it being passed to others through certain Website, Services, and Software functions, including our blogs and forums. RainyGames reserves the right to reject or remove any username.
For certain Website and Services functions, such as the purchase of products and services, you may be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
This Agreement and our Privacy Policy govern the information that you provide to us through any online registration functionality. Please thoroughly review both this Agreement and our Privacy Policy before submitting any information to us.
Non-Commercial Use. This Website, our Services, and Software are provided for your personal, lawful, non-commercial use only.
Privacy Policy. The personal information you supply to us, including purchasing information, along with any information that we obtain through your use of this Website, our Services, or our Software are subject to our Privacy Policy. Your use of this Website, our Services, or our Software signifies your continuing consent to our Privacy Policy, which you can review any time by clicking on the Privacy Policy link which appears at the bottom of the home page of this Website.
Changes to THIS AGREEMENT. We reserve the right to discontinue or change any content, service, function, or feature at any time with or without notice. We may also change the terms of this Agreement at any time.
You can review the most current version this Agreement by clicking on our Website's Terms of Use link, which appears at the bottom of our home page at www.rainygames.co.uk. If you continue using this Website after we make changes to this Agreement, you are signifying your acceptance of our new terms. You are responsible for checking these terms periodically for any changes.
Any Agreement, as provided in the prior paragraph, supersedes all previous notices or statements regarding this Website, our Services, and our Software, materials, content, and applications contained therein. For this reason, we encourage you to review this Agreement often. We also recommend that you print out a copy for your records.
Proper Use of This Website. When you contact us through email, participate in any product promotion, comment on or participate in any blog, forum, or any other communication service we may offer from time to time, purchase products, participate in newsfeeds, provide status updates or posting, share, and otherwise contribute information (whether through messages, invitations, chats, photos, wall posts), through our Websites, Services, or Software, you agree at all times to comply with our Community Guidelines provided below. You agree to use our Websites, Services, and Software only for lawful purposes and only in ways consistent with the law.
You may not use any program, hacking, spyware, spider, bot, corrupted file, time bomb, or any other means—manually or automated—to gather or harvest information from this Website, our Services, Software, or other content we may provide from time to time.
Community Guidelines. Your use of this Website, our Services, \ our Software, and any resources or content we make available to you are subject to this Agreement, including, without limitation, these Community Guidelines. These Community Guidelines are designed to create a positive experience for all Website, Services, and Software users, and you agree not to violate the Agreement, including these Community Guidelines:
Proprietary and Intellectual Property Rights.
“Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “content”, whether on our Websites or within our Services or Software, may include, without limitation, virtual assets currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of this Website (look and feel) and our Services, Software, characters, icons, upgrades, links, and other content and features.
We reserve all Intellectual Property Rights in all content contained in or included on our Websites, Services, and Software. In consideration for your assent to the terms and conditions contained in this Agreement, we grant you a personal, non-exclusive, non-transferable license to access and use this Website and their related Services. Except as otherwise stated in this Agreement, you may download material from this Website only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of our Websites and related Services and Software, and you are using the foregoing solely for your personal entertainment value.
Unless expressly authorized by RainyGames, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the content on our Websites or within our Services or Software. You further agree that you many not use any RainyGames content, or the content of our affiliates and third-party developers and partners, in connection with any product or service that is not authorized in advance in writing by RainyGames; nor will you use any content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages RainyGames or our affiliates or third-party developers and partners. Nothing contained in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content provided in any of our Websites, Services, or Software in any manner or form other than as a part of the foregoing Websites, Services, and Software.
The RainyGames’ logo, name, and all graphics contained on our Websites and within our Services, Software, and content are trademarks of RainyGames LLC or our affiliates and third-party developers and partners. Nothing contained on our Websites or within our Services or Software should be understood as granting you a license to use any of our trademarks, service marks, logos, or any other Intellectual Property Right of RainyGames LLC. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on the Website and in our Services not owned by RainyGames are the marks of their respective owners.
Streaming CONTENT. RainyGames encourages you to publicly discuss our Services and Software and to create streaming content on platforms such as Twitch and YouTube.
Accordingly, RainyGames grants you a limited, revokable, royalty free, non-transferrable, non-sublicensable, non-exclusive right and license to use, display, and publish social media posts that integrate the content of our Services and Software, and their associated copyrights and trademarks, for the sole purpose of creating social media content for as long as you comply with the terms of this Agreement.
Any social media posts will be truthful and not misleading or deceptive regarding your honest opinion, findings, beliefs, and experience with our Services and Software. Additionally, you agree to (i) minimize profane language and avoid political, religious, and other controversial topics; (ii) not use our Services and Software to promote the use or sale of alcohol, illegal drugs, tobacco, firearms, weapons, or the use of any of the foregoing; (iii) avoid all discriminatory, offensive, hateful, and sexual comments and images; and, (iv) display only images, video and animations, music and sounds, trademarks, logos, products, and other copyrighted materials which you have obtained the right to use.
You own your social media posts. Notwithstanding anything else in this Agreement, RainyGames acknowledges that all right, title, and interest in and to the social media posts remain with you.
Electronic Delivery Statement and Consent. You agree that we may provide you notices and other information concerning our Websites, Services, and Software electronically, including notice to any email address that you may provide.
You Grant RainyGames Rights to the Content You Supply. RainyGames, including our affiliates and third-party developers, may allow you to supply content via our Websites or through our Services or Software that may be viewed and accessed by others. In supplying this content, you agree not to post anything that violates this Agreement, an applicable end user licensing agreement, our Privacy Policy, or our Community Guidelines. Any content you provide that violates this Agreement, an end user licensing agreement, our Privacy Policy, or we otherwise deem objectionable for any reason may be removed.
You Are Responsible for content You Post or Supply. You understand that our forums, blogs, and public areas are public and not private communications, and that you have no expectation of privacy concerning your use of any of the foregoing. Any personal information you communicate via our forums, blogs, and other public areas may be seen and used by others and may result in unsolicited communications. Because of this, we strongly encourage you avoid disclosing your personal information in these public Website, Service, or Software areas. RainyGames is not responsible for any information you communicate through these forums, blogs, and public areas.
You acknowledge and agree that you are responsible and liable for any content you supply on our Website or in any of its functions or applications, or in our Services or Software. You agree that by posting any content to our Websites, Services, or Software, you represent and warrant that: (1) you own or otherwise control all of the rights including without limitation, all copyrights, to your content or are otherwise legally entitled to post the submission; (2) the content is accurate and truthful; (3) use of the content you supply does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify RainyGames and its affiliates and third-party developers against all claims resulting from any content or information that you supply, provide, or transmit to RainyGames or its affiliates or third-party developers. RainyGames has the right, but not the obligation, to monitor and edit or remove any activity or content.
OUR RIGHT TO USE YOUR CONTENT. If you post content on any blog, forum, or other public area of our Websites or in our Services, Software, or through our content, you agree to and do hereby grant us and our affiliates and third-party developers a royalty-free, perpetual, irrevocable, sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium now known or hereafter developed for any purpose whatsoever, without compensation to you or the provider of the submission.
No Duty to Monitor. We strive to make our Website, Services, and Software inclusive and welcoming, and we actively monitor and moderate how our community is using and engaging with our content. However, you understand and agree that we have no obligation to monitor or screen our Websites, Services, Software, or the content you provide, including without limitation in our forums, blogs, public areas, and any content or other materials that you or any third person transmits or posts to the same. You acknowledge and agree that RainyGames has the right but not the obligation to take any of the following actions at its sole discretion:
Alter, remove, or refuse to post or allow any content or message to be posted or stored on any of our Websites or Services for any or no reason.
Monitor or filter any communications that you or any third-party may post, make available, or view on any of our Websites or Services.
Disclose any content, message, or communication that you may post to any of our Websites or Services or Software to any third-party in order to protect (1) RainyGames and its affiliates, sponsors, employees, officers, directors, shareholders, agents, representatives, and Website and Services users and visitors; (2) comply with legal obligations or governmental requests; or (3) enforce the terms of this Agreement; or (4) for any other reason or purpose.
Third-party Websites. RainyGames, including our affiliates, third-party developers, and partners, may include hyperlinks to websites and services controlled by third parties. You agree that neither RainyGames, nor our affiliates, third-party developers and partners, are responsible or liable for any content or claims or other materials on such third-party sites. You also agree that neither RainyGames nor our affiliates, third-party developers and partners are responsible for any transactions or dealings between you and any third-party, nor are we responsible for any claim or loss due to a third-party site.
Sweepstakes and Contests. From time to time we may offer or allow you to participate in promotions, giveaways, contests and sweepstakes (each, a “Promotion”) via our Websites, through our Services or Software, or through third-party services and products. Your participation in any such Promotion is subject to the official rules or guidelines governing that Promotion. RainyGames may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities shall be controlled by this Agreement, unless specifically superseded by Promotion-specific rules. Furthermore, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information and sign a release or authorize the use of certain biographical or other information about you in RainyGames’ marketing materials. You acknowledge and agree that if a third-party administers any Promotion, that RainyGames is not responsible for such third-party promotions
Warranty Disclaimer. RainyGames, including our affiliates and third-party developers and partners, provide this Website and its contents and related Services and Software "AS IS." We make no express warranties or guarantees about this Website or any related Services, Software, or content.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR WEBSITES, SERVICES, OR SOFTWARE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT UR WEBSITES, SERVICES, OR SOFTWARE OR ANY CONTENT OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
Limitation of Liability. YOU AGREE THAT NEITHER RAINYGAMES NOR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THIS WEBSITE, OR TO YOUR PLACEMENT OF CONTENT ON THIS WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE. NEITHER RAINYGAMES NOR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES MADE ON OR THROUGH THIS WEBISTE, OR YOUR PLACEMENT OF CONTENT ON THIS WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
Neither RainyGames nor its affiliates or third-party developers or partners make any representation regarding your ability to transmit and receive information from or through this Website or our Services. You acknowledge and agree that your ability to access this Website and our Services and Software may be impaired. RainyGames, its affiliates, third-party developers, and partners disclaim all liability resulting from or related to such events.
Indemnification. You agree to defend, indemnify, and hold harmless us, our affiliates, and third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse our Websites, Services, and Software. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Resolving Disputes. You agree that in the event of a dispute between you and RainyGames or RainyGames’ affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration (as provided below). This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Binding Arbitration. In the event our good faith dispute negotiations fail at the expiration of the 30-day period, as provided I the prior paragraph, you agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Specifically, we each agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions.
The above arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules, but will not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees.
Further, you understand and agree that regardless of the country or state in which you live, arbitration will take place in Travis County, Texas, and you and we agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. We each further agree that any arbitration related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis. This means you can only bring a claim against RainyGames or RainyGames’ affiliates, representatives, employees, and directors in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception. Notwithstanding our mutual decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Product under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
CHANGES. RainyGames agrees to provide 60-days’ notice of any changes to the arbitration provisions of this Agreement. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
JURISDICTION AND APPLICABLE LAW. In connection with any dispute between us, whether in arbitration or otherwise shall be interpreted and bound by the state of Texas, United States of America, and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County, Texas USA to resolve any claims that are subject to exceptions to the arbitration agreement.
Severability and Integration. This Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and RainyGames and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination. We reserve the right to terminate your use of this Website or our Services or Software if you violate these this Agreement, our Community Guidelines, our Privacy Policy, or any of our End User License Agreements (EULAs), or any rule or guideline posted on this Website, in our Services or Software, or in our content, or for any other reason in our sole discretion.
Alleged Violations. To ensure that RainyGames provides a high-quality experience for you and other users of our Websites, Services, Software, and content, you agree that RainyGames and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Website and Services. RainyGames does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to this Website and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated this Agreement, our Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or have otherwise interfered with use of this Website and/or our Services or Software.
Claims of Copyright Infringement. RainyGames respects the intellectual property rights of others. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed the rights of RainyGames, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations. If you believe that your work has been violated on this Website in a way that constitutes copyright infringement, please contact us at team@rainygames.com.
Be aware that RainyGames complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
Questions. If you have questions at any time, contact us at team@rainygames.com.You can also contact us via postal mail at:
RainyGames LLC
Attn: Sydney Stockdale
PO Box 3706
Pflugerville, TX 78691