Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
DISCLAIMER
THIS WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. ROLEY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ROLEY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ROLEY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION THAT THE INFORMATION ACCURATE OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
In no event will Roley be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with, use of, inability to use or results of use of this site or any materials in this site, even if Roley and/or its representative has been advised of the possibility of such damages.
Use of the Site
You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, music, games, videos, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with said terms and conditions at all times. Without limiting the foregoing, you may not copy, republish, upload, download, post, transmit or distribute any Materials except as specifically provided herein.
Subject to the terms and conditions of this Agreement, and subject to your payment of any and all applicable fees, Roley grants you a non-exclusive, non-transferable license, for the duration of your next session of using the Site, to: (i) download to one (1) computer, solely for your personal use, one (1) copy of any Materials that have been made available on this Site; and (ii) upload materials to designated areas of this Site.
Membership
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Service to any other person or entity.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. In the event you compose a profile upon registering for the Service (the “Member Profile”) such profile must describe you, an individual person.
Your Obligations
Roley reserves all rights in and to the Materials not expressly granted above. Without limiting the foregoing, you may not: (i) use or transmit any Materials on or to any other Web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by U.K. law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.
For Premium Services: You are responsible for paying any and all charges relating to your Premium Service, including without limitation, periodic subscription fees and paid Materials. You grant third party payment processors permission to charge your credit card (or other approved payment mechanism) to pay for all such charges and agree to not charge back Roley on any transactions.
There shall be no refunds.
Roley Ownership
All right, title and interest in and to this Site, the Materials and all associated Proprietary Rights is owned by Roley, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Roley's permitting you to use the Site.
Submissions
Roley welcomes your comments, feedback and input regarding Roley products through this Site. However, Roley does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Roley. Accordingly, Roley asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to Roley will become the property of Roley, with Roley exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Roley’s rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
Miscellaneous
No failure or forbearance on Roley’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
This agreement shall be governed by the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
You acknowledge that you have read this agreement and understand it. You agree to be bound by the terms and conditions of this agreement. You also agree that it is the complete and exclusive statement of the agreement between you and Roley, which supersedes any other prior agreement, oral or written and any other communication between you and Roley relating to the agreement.
THIS WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. ROLEY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ROLEY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ROLEY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION THAT THE INFORMATION ACCURATE OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
In no event will Roley be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with, use of, inability to use or results of use of this site or any materials in this site, even if Roley and/or its representative has been advised of the possibility of such damages.
Use of the Site
You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, music, games, videos, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with said terms and conditions at all times. Without limiting the foregoing, you may not copy, republish, upload, download, post, transmit or distribute any Materials except as specifically provided herein.
Subject to the terms and conditions of this Agreement, and subject to your payment of any and all applicable fees, Roley grants you a non-exclusive, non-transferable license, for the duration of your next session of using the Site, to: (i) download to one (1) computer, solely for your personal use, one (1) copy of any Materials that have been made available on this Site; and (ii) upload materials to designated areas of this Site.
Membership
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Service to any other person or entity.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. In the event you compose a profile upon registering for the Service (the “Member Profile”) such profile must describe you, an individual person.
Your Obligations
Roley reserves all rights in and to the Materials not expressly granted above. Without limiting the foregoing, you may not: (i) use or transmit any Materials on or to any other Web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Materials is prohibited by U.K. law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.
For Premium Services: You are responsible for paying any and all charges relating to your Premium Service, including without limitation, periodic subscription fees and paid Materials. You grant third party payment processors permission to charge your credit card (or other approved payment mechanism) to pay for all such charges and agree to not charge back Roley on any transactions.
There shall be no refunds.
Roley Ownership
All right, title and interest in and to this Site, the Materials and all associated Proprietary Rights is owned by Roley, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Roley's permitting you to use the Site.
Submissions
Roley welcomes your comments, feedback and input regarding Roley products through this Site. However, Roley does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Roley. Accordingly, Roley asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to Roley will become the property of Roley, with Roley exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Roley’s rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
Miscellaneous
No failure or forbearance on Roley’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
This agreement shall be governed by the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
You acknowledge that you have read this agreement and understand it. You agree to be bound by the terms and conditions of this agreement. You also agree that it is the complete and exclusive statement of the agreement between you and Roley, which supersedes any other prior agreement, oral or written and any other communication between you and Roley relating to the agreement.