Terms of Service, Roam Moon

The terms of this agreement (“Terms of Service”) govern the relationship between you and Roam Moon regarding your use of Roam Moon’s games, stores, websites and related services (“Services”). Use of the Services is also governed by Roam Moon’s Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Roam Moon website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service, and you may also be required to register an account on the Service (collectively “Account”). These Accounts include, for example, game Accounts. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

By installing, using or otherwise accessing the Service, 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 the Service. Use of the Service is void where prohibited.

1. Using the Service

1.1. Your right to use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Roam Moon policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by Roam Moon, or previously been banned from playing any Roam Moon game.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.

You may be required to select a password for your Account, or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Roam Moon and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Roam Moon reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

Use limitations

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Roam Moon deems to be in conflict with the spirit or intent of the Service or make improper use of Roam Moon’s support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Roam Moon game or any Roam Moon game experience.
Modify or cause to be modified any files that are a part of the Service or any Roam Moon game without Roam Moon’s express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing Roam Moon’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Roam Moon game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Roam Moon, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Roam Moon employees and Roam Moon’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Roam Moon employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Roam Moon game, or to obtain any information from the Service or any Roam Moon game using any method not expressly permitted by Roam Moon.
Solicit, or attempt to solicit, Login Information or any other login credentials or personal information from other users of the Service or any Roam Moon game.
Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Use any Roam Moon game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions or similar laws or regulations including but not limited to those imposed by the United States of America and/or the European Union.

Roam Moon reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Roam Moon reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and termination of Account and Service

Without limiting any other remedies, Roam Moon may limit, suspend, terminate, modify, or delete Accounts or access to the Service or portions thereof with or without notice to you (i) if you are, or Roam Moon suspects that you are, failing to comply with these Terms of Service; or (ii) for any actual or suspected illegal or improper use of the Service. You can lose your username and persona in the Service as a result of Account termination or limitation, as well as any benefits, privileges, earned virtual items and purchased virtual items associated with your use of the Service, and Roam Moon is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend or terminate the Service and Accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.

Roam Moon reserves the right to terminate any Account that has been inactive for 180 days.

Roam Moon reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, Roam Moon shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Roam Moon game client, and the Roam Moon game clients and server software) are owned by Roam Moon. Roam Moon reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Roam Moon.

2.3. Virtual content

Roam Moon owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Roam Moon games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Roam Moon game, whether earned in a game or purchased from Roam Moon, or any other attributes associated with an Account or stored on the Service.

3. User content

3.1. Submission of user content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Roam Moon game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Roam Moon in accordance with its Privacy Policy.

3.1.1. Content screening

Roam Moon assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Roam Moon reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Roam Moon chooses, in its sole discretion, to monitor the Service, Roam Moon nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information use by other members of the Service

3.2.1. Public discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Roam Moon cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Roam Moon shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible for your own content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Roam Moon may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Roam Moon violates these Terms of Service.

3.2.3. Your license to Roam Moon

You hereby grant to Roam Moon an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Roam Moon the right to authorize others to exercise any of the rights granted to Roam Moon under these Terms of Service. You further hereby grant to Roam Moon the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Roam Moon does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Roam Moon has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Roam Moon games. Roam Moon reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Roam Moon to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Roam Moon access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and purchase terms

4.1. Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in Roam Moon games; (b) virtual in-game items, content or features; and (c) other goods or services (points a to c are jointly referred to as “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby lose the statutory right of withdrawal.

Roam Moon may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Roam Moon shall have no liability to you or any third party in the event that Roam Moon exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Roam Moon, another user or any third party.

All purchases and redemptions of Virtual Items made through the Service are final and non-refundable except where required under applicable law.

The provision of Virtual Items for use in Roam Moon games is a service provided by Roam Moon that commences immediately upon acceptance by Roam Moon of your purchase.

4.2. Payment of fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Roam Moon may revise the pricing for the Virtual Items offered through the Service at any time. You acknowledge that Roam Moon 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.

5. Updates to the Service

You understand that the Service is an evolving one. Roam Moon may require that you accept updates to the Service and to Roam Moon’s games you have installed on your device or computer. You acknowledge and agree that Roam Moon may update the Service and Roam Moon games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Roam Moon games.

6. Disclaimer of warranties

Without limiting Roam Moon’s liability under section 7 below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Roam Moon does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the game or the Service are free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of liability, sole and exclusive remedy, indemnification

To the maximum extent permitted by law, Roam Moon shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Roam Moon has been advised of the possibility of such damages. To the extent not prohibited by law, Roam Moon shall not be liable to you for more than the amount you have paid to Roam Moon in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Roam Moon during such time period, your sole remedy (and Roam Moon’s exclusive liability) for any dispute with Roam Moon is to stop using the Service and to cancel your Account.

Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Roam Moon or for death or personal injury arising from any negligence or fraud of Roam Moon.

You agree to indemnify, defend and hold Roam Moon (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

Terms of Service