TERMS OF USE OF RONNIE THE ROOSTER

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION," WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION."

BY ACCESSING OR USING ANY RONNIE THE ROOSTER OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY RONNIE THE ROOSTER OFFERINGS.

Shaun Michael Stone owns and provides access to the Ronnie The Rooster subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Ronnie The Rooster Offerings" means the web sites of Ronnie The Rooster, including http://www.ronnietherooster.com/, any other sites on which these Terms of Use are posted, and any other Ronnie The Rooster application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing. Use of the Service is also governed by Privacy Policy, which is incorporated herein.

Ronnie The Rooster requires all users to be over the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may play Ronnie The Rooster account or use the Ronnie The Rooster Offerings only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Terms of Use are in compliance with Pan European Game Information System (PEGI) and Video Recordings Act of 1984.

ELECTRONIC COMMUNICATIONS

When you send e-mails or electronically chat with Ronnie The Rooster, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Ronnie The Rooster provides to you electronically satisfy legal requirement that such communications be in writing.

VIRTUAL ITEMS

Ronnie The Rooster may provide you with the opportunity to license a variety of virtual items such as virtual goods 3 consumable items (life offerings of the character), additional 10, 20 and 50 lives, 4 non-consumable items, 4 different game skins and content packs ("virtual items") that can be used while playing the Ronnie The Rooster Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Ronnie The Rooster Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Ronnie The Rooster Offering. Re-purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Ronnie The Rooster Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Ronnie The Rooster Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Ronnie The Rooster may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Ronnie The Rooster will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Google Play or iOS App Store account is terminated or suspended for any reason, in Ronnie The Rooster’s sole discretion; or if Ronnie The Rooster discontinues any Ronnie The Rooster Offering or any portion or feature of any Ronnie The Rooster Offering.

Ronnie The Rooster has no liability for hacking or loss of your virtual items. Ronnie The Rooster has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Ronnie The Rooster reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

You agree to pay all fees and applicable taxes/VAT incurred by you or anyone using an Account registered to by you. Ronnie The Rooster may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT RONNIE THE ROOSTER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Without limiting the scope of these Terms of Use, you agree to comply with Google Play or iOS App Store Review Guidelines when you submit reviews, forum posts and other content via any Ronnie The Rooster. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Ronnie The Rooster. Content standards may vary depending on where you are within a Ronnie The Rooster and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Ronnie The Rooster.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Ronnie The Rooster, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Ronnie The Rooster does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Ronnie The Rooster. Ronnie The Rooster does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Ronnie The Rooster. You agree to indemnify Ronnie The Rooster and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Ronnie The Rooster.

Without limiting the generality of these policies and standards, the following actions are examples of behaviour that violate these Terms of Use and may result in any or all of your Ronnie The Rooster account(s) being immediately suspended or terminated:

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Ronnie The Rooster to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Ronnie The Rooster, or otherwise exploit your participation on or through any Ronnie The Rooster for any commercial purpose.

Customer Reviews

You may submit reviews regarding Ronnie The Rooster. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use and the Google Play iOS App Store Review Guidelines.

When you post a review, Google Play or iOS App Store may display your rating of the Ronnie The Rooster, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

Ronnie The Rooster Software

We may require that you download certain software from Ronnie The Rooster, its principals or its licensors onto your device ("Ronnie The Rooster Software"). Subject to your compliance with these Terms of Use, Ronnie The Rooster grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Ronnie The Rooster Software to participate in the Ronnie The Rooster Offerings. The Ronnie The Rooster Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Ronnie The Rooster Software.

NEITHER RONNIE THE ROOSTER, INC. NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY RONNIE THE ROOSTER SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE RONNIE THE ROOSTER SOFTWARE AND RONNIE THE ROOSTER UNLIMITED, RESIDES WITH YOU.

USER INFORMATION AND PRIVACY

Ronnie The Rooster takes seriously the confidentiality of your personal information. Ronnie The Rooster reserves the right to modify or amend this Privacy Policy at any time. All changes will be effective immediately upon posting to Ronnie The Rooster website. Ronnie The Rooster may collect information you voluntarily share such as your email address. Ronnie The Rooster will be collecting this information only in case you wish to contact us for any recommendations or suggestions. Ronnie The Rooster also gives the option which provides the information regarding the latest updates. User is free to select that option. Ronnie The Rooster will be sending the updates vide emails. The emails sent by Ronnie The Rooster will not contain any advertising material.  

SOCIAL NETWORK SITES

Ronnie The Rooster has partnership with Social networking platform called www.facebook.com. You may share the game on all partnered social networking sites.

Ronnie The Rooster may manage, modify or eliminate the partnership with any of the social networking sites at any time.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

Any and all software, content and services (including advertising) within a Ronnie The Rooster that are not owned by Ronnie The Rooster are "third party content and services." Ronnie The Rooster acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Ronnie The Rooster may include videos or links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Ronnie The Rooster does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.  

Supplemental Policies

Ronnie The Rooster may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein contain the entire understanding of you and Ronnie The Rooster, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

No Waiver

The failure of Ronnie The Rooster to require or enforce strict performance by you of any provision of these Terms of Service or the Ronnie The Rooster Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Ronnie The Rooster’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Ronnie The Rooster of any provision, condition, or requirement of these Terms of Service or the Ronnie The Rooster Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Ronnie The Rooster shall be deemed a modification of these Terms of Service, or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Ronnie The Rooster.

Dispute Resolution

If a dispute arises between you and Ronnie The Rooster, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://ronnietherooster.com/contact 

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Ronnie The Rooster reserves the right, in its sole discretion, to immediately terminate your participation. You acknowledge that Ronnie The Rooster is not required to notify you prior to terminating any such account.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Ronnie The Rooster are trademarks, registered trademarks or trade dress of Ronnie The Rooster or its licensors or principals in the England and/or other countries. Ronnie The Rooster’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Ronnie The Rooster, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Ronnie The Rooster or any Ronnie The Rooster. The compilation of all content on the Ronnie The Rooster is the exclusive property of Ronnie The Rooster and is protected by laws of England and Wales and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Ronnie The Rooster unless we have expressly authorized you to do so in writing. All other trademarks not owned by Ronnie The Rooster that appear on the Ronnie The Rooster are the property of their respective owners, who may or may not be affiliated with or connected to Ronnie The Rooster. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Ronnie The Rooster, you agree to indemnify and hold harmless Ronnie The Rooster and its employees, contractors, officers, directors, agents, representatives, vendors, and content providers. Also, please note that you may be liable for damages (including costs and attorney/lawyer’s fees) if you make a false claim copyright infringement.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY RONNIE THE ROOSTER SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL RONNIE THE ROOSTER AND RONNIE THE ROOSTER SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RONNIE THE ROOSTER DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE RONNIE THE ROOSTER OFFERINGS OR RONNIE THE ROOSTER SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE RONNIE THE ROOSTER OFFERINGS, RONNIE THE ROOSTER SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM RONNIE THE ROOSTER ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RONNIE THE ROOSTER IS TO STOP USING THE RONNIE THE ROOSTER OFFERINGS AND RONNIE THE ROOSTER SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR RONNIE THE ROOSTER ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT RONNIE THE ROOSTER IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A RONNIE THE ROOSTER OFFERING BY, ANY RONNIE THE ROOSTER OFFERING USER. IN NO EVENT SHALL RONNIE THE ROOSTER’s OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RONNIE THE ROOSTER FOR YOUR PARTICIPATION IN ANY RONNIE THE ROOSTER OFFERING. IN NO CASE SHALL RONNIE THE ROOSTER OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY RONNIE THE ROOSTER OFFERING OR RONNIE THE ROOSTER SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT RONNIE THE ROOSTER IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RONNIE THE ROOSTER LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF RONNIE THE ROOSTER OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING RONNIE THE ROOSTER OFFERINGS AND RONNIE THE ROOSTER SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Ronnie The Rooster and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Ronnie The Rooster. Without limiting your indemnification obligations described herein, Shaun Michael Stone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall 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. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Ronnie The Rooster relating to this subject matter, and cannot be changed or terminated orally.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of England and Wales.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Arbitration Act 1996.

You and Ronnie The Rooster irrevocably consent to the exclusive jurisdiction and venue of the courts located in London, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Ronnie The Rooster Offerings, that are heard in court (not arbitration).

Force Majeure

Ronnie The Rooster shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ronnie The Rooster, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Ronnie The Rooster’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.