Return of Reckoning - Terms of use
By downloading, playing or using Return of Reckoning or their related services (the Services), you agree to this Terms of Use (these Terms) and the Privacy Policy for the Services.
In particular, if you are a US resident, you agree to the arbitration agreement and class action waiver described in Section 17 below. If you do not agree to these Terms, do not download, play or use our Services. These Terms are a binding legal contract between you and Return of Reckoning Ltd.
- Who we are
We are Return of Reckoning Ltd, a company registered in England and Wales with company number 15585127 (RoR, we, our and us). Our registered office is at Preston Park House, South Road, Brighton, East Sussex, England, BN1 6SB.
- License
Return of Reckoning is a fan project that uses the assets of Warhammer Online: Age of Reckoning. Nothing in these Terms affects the underlying intellectual property ownership of the respective owners of Warhammer Online: Age of Reckoning by Games Workshop, Mythic Entertainment and/or Electronic Arts to the extent applicable. Return of Reckoning Ltd does not claim any ownership of such intellectual property rights and these Terms are primarily intended to govern the relationship between RoR and its players.
The software provided as part of the Services is licensed, not transferred, to you under these Terms. Subject to your strict compliance with these Terms, including the Rules of Conduct below, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to: (a) use our Services for your own personal use; and (b) make and publicly display audiovisual footage of you using our Services on online video streaming and social networking services. We reserve any rights in our Services not explicitly granted to you under these Terms.
- Account
You need to have an account with us to use the Services. To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity associated with your Account. For the avoidance of doubt, we own the accounts and databases used in the Services.
- Age Limits
The Services are intended to be played by users who are at least 13 years old. If you are under 13 years old, please do not use the Services. If you are younger than 18 years old, you should read these Terms and our Privacy Policy (https://www.returnofreckoning.com/forum/privacy-policy) with your parents or guardians to make sure that you understand them and that you are happy to be bound by these Terms. By using the Services, you are confirming to us that you are at least 13 years old. Your ability to use the Services may be terminated without warning if we have any reason to believe that you are younger than 13 years old.
- Content and UGC
Our Services include Content. We use the term Content to mean all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. Content also includes any user-generated Content (UGC), which means Content contributed by users of our Services including feedback, balance ideas or other suggestions that you provide to us regarding the Services. All Content is and will remain the property of RoR and/or the underlying intellectual property owners, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
When you contribute UGC to the Services, you:
- represent, warrant and agree that you have all necessary rights and authorizations to publish through our Services or share with us such Content and grant the rights that you grant herein;
- grant to us and our licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party;
- grant all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution or compensation to you;
- waive any moral rights and rights of publicity and privacy you may have in such UGC, to the fullest extent permitted by applicable laws; and
- agree that you are solely responsible for the UGC that you contribute.
To the extent applicable, you may not upload UGC that infringes a third party's intellectual property rights or that violates the law, these Terms, or a third party's right of privacy or right of publicity. We may remove, edit or disable UGC at our sole and absolute discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Services. We do not endorse any UGC available on our Services.
- Updates, Online Server Support and Interruptions
We may, by automatic update or otherwise, change, modify or update the Services or Content at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and in-game progress. If our Services use online servers, we make no commitment to continue to make those servers available, and may terminate online features at any time.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
- Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
- Fraud and Cheat Detection
To provide users with a positive, fair, and competitive experience on the Services, we may use certain software, tools, and technologies (Fraud and Cheat Detection) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorized or fraudulent activity on the Services (Fraud) or (ii) give you or other users a competitive advantage within the Services (Cheats), including bots, hacks, add-ons, malware, scripts, and mods not expressly authorized by us. You will not:
- use or encourage the use of Cheats;
- engage in or encourage others to engage in Fraud;
- reverse engineer, decompile, hack or otherwise maliciously interact with the software used for the Services for the purposes of engaging in or encouraging others to engage in Fraud or Cheats;
- develop, market, offer, sell, distribute, support or otherwise make available any Cheats; or
- attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools or technologies used to detect and prevent Fraud or Cheats.
If Fraud or Cheats are identified, you agree that we may exercise any or all of its rights under these Terms.
- Code of Conduct
You agree to comply with the Services’ Code of Conduct as available here (and as may be updated from time to time): https://www.returnofreckoning.com/forum/code-of-conduct
If you encounter another user who is violating any of these rules, please report this activity to us at [email protected]. We will review the report and may, at our sole and absolute discretion, take action against anyone who violates our Terms, such as by temporarily or permanently revoking access to certain or all of our Services and terminating their account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole and absolute discretion.
- Termination
These Terms are effective until terminated by you or us.
You may terminate these Terms by deleting all copies of the software and no longer using any of our Services. We may suspend or terminate your account and your use of any of our Services at our sole discretion, including where we consider that your use of our Services breaches these Terms or applicable law, or where we choose not to continue providing any Service to any person for any reason.
If we take any action described in this Section, any license you may have under these Terms will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services. Our exercise of any of our rights under these Terms shall not prejudice any remedies to which we may be entitled under law or equity.
Sections 2-5 and 10-19 of these Terms shall survive termination of these Terms.
- Privacy
You acknowledge that you have read and agree to RoR’s Privacy Policy: https://www.returnofreckoning.com/forum/privacy-policy
- Third-Party Content
Our Services may include hyperlinks to third-party websites and services such as social media platforms. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
- Disclaimers
To the maximum extent permitted by applicable law, we provide our services "as is", "with all faults", "as available" and without warranty or condition of any kind. You use our services at your own risk. We, our affiliates and any subsidiaries, and all of our and their respective employees, officers, directors, representatives, agents, assigns, successors, shareholders, partners and suppliers (ROR PARTIES) hereby disclaim all warranties and conditions, express, implied, statutory, or otherwise.
Without limiting the foregoing, we give no express, implied or statutory warranties or conditions, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, or warranties or conditions arising from a course of dealing, usage or practice. We do not warrant or condition against interference with your enjoyment of our services; that our services will meet your requirements; that operation of our services will be uninterrupted, secure, available at any particular time or location, or free from errors, bugs, corruption, loss, interference, hacking, viruses or other harmful components; or that our services will interoperate or be compatible with any other software.
- Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall any RoR Party be liable for any indirect, incidental, special, consequential or punitive damages, including for loss of profits, data, use, goodwill, or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
Without limiting the foregoing, you expressly agree that you are solely responsible for any damages or losses resulting from:
- Your access to or use of or inability to access or use our services;
- Any conduct or content of any third party using our services;
- Any content obtained from our services;
- Any use or non-use of your streaming footage of the services; or
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Further, to the maximum extent permitted by applicable law, the RoR Parties’ aggregate liability will not exceed the total amounts you have paid (if any) for the services under these terms during the twelve (12) months immediately preceding the events giving rise to such liability.
- Indemnification
This section only applies to the extent allowed by the laws of your jurisdiction. If the laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the laws of your jurisdiction, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold harmless the RoR Parties from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney and expert witness fees) arising out of or in connection with (i) any claim that, if true, would constitute your breach of these Terms or your negligence, (ii) any act or omission by you in using the Services, or (iii) your UGC. You agree to reimburse the RoR Parties on demand for any defense costs incurred by the RoR Parties and any payments made or loss suffered by the RoR Parties, whether in a court judgment or settlement, based on any matter covered by this section.
- Governing Law
Except expressly stated otherwise: (a) these Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of law provisions; and (b) subject to Section 17 for US residents, exclusive jurisdiction for any claim or action arising out of or relating to these Terms or our Services shall be the courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
- US Residents - Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THESE TERMS, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN ALL APPLICABLE JURISDICTIONS.
This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting us at [email protected]. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus where relevant, the Federal Arbitration Act and its equivalents in other jurisdictions governs the interpretation and enforcement of this Section.
- Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us (Disputes) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of your, our or our licensors' trade secrets or copyright, trademark or patent rights; or (b) brought in small claims court.
- Informal Negotiations
You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to at [email protected].
- Binding Arbitration
If you and we cannot resolve a Dispute informally, subject to the exceptions in subsection (A) and this subsection (C), you or we will have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Judicial Arbitration Mediation Services, Inc. (JAMS) according to the JAMS Streamlined Arbitration Rules and Procedures effective 1 June 2021 (the JAMS Rules) as modified by these Terms. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. If such costs are determined by the arbitrator to be excessive, or if you send us a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Limitations
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of these Terms to arbitrate shall be null and void.
- Location
If an in-person hearing is required, the hearing will take place either in London, UK, or where you reside; you choose. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
- Changes to this Arbitration Agreement
We will not enforce material changes to these Terms to arbitrate, unless you agree to the changes.
- Severability
If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.
- Claims Covered by Arbitration
- Amendments
Only we may amend these Terms. You should review these Terms regularly to take notice of any amendments. Your continued use of our Services after their effective date means you accept such amendments. If you do not agree to the amended Agreement, immediately stop using our Services.
- Assignment
We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
