Terms of Use

Last Modified: September 22, 2017

TERMS OF USE FOR ROCKBITE LLC GAMES

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Rockbite LLC, a California company (“Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of each of the mobile games developed by Rockbite LLC, as defined below, including any content, functionality and services offered on or through these games (collectively, the “Games“, and each, a “Game”), whether as a guest or a registered user.

For the purposes of these Terms of Use, Games shall mean:

  • “Deep Town” (available on the App Store and Google Play); and
  • “Beat Jumper” (available on the App Store and Google Play).

Please read the Terms of Use carefully before you start to use or access the Game. By using or accessing the Game, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://rockbitegames.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Game.

You represent that you are at least 18 years old. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child at least 13 years old for whom you are a parent or guardian and whom you have authorized to use the account you create on the Game. By using the Game, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Game.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website at http://rockbitegames.com/.

Your continued use of the Game following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Game and Account Security

We reserve the right to withdraw or amend the Game, and any content, functionality and services we provide on the Game, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of the Game is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of the Game at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some parts of the Game, or the entire Game, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Game; and
  • Ensuring that all persons who access the Game through your internet connection are aware of these Terms of Use and comply with them.

To access the Game or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Game that all the information you provide on the Game is correct, current and complete. You agree that all information you provide to register with the Game or otherwise, including but not limited to through the use of any interactive features on the Game, is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Game or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Game and its entire contents, features and functionality (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Game, transcripts of the chat rooms, avatar profit information, recordings of games played on the Game, and the client and server software), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that you have no rights or title in or to any content that appears in the Game, including the virtual goods or currency appearing or originating in the Game, or any recordings, whether photo, audio, and/or video that you make of the Game or your use of the Game, or your “gameplay” or performance on the Game, and any other attributes associated with your access and use of the Game or stored on the Game’s server. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.

You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.

These Terms of Use permit you to use the Game for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Game, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your device for display enhancement purposes; and
  • You may download only a single copy to the Game to your device solely for your own personal, non-commercial use.

You must not:

  • Modify copies of any materials from the Game;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Game or any services or materials available through the Game.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Game in breach of the Terms of Use, your right to use the Game will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Game or any content on the Game is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Game not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the names and application icons of the Games, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Games are the trademarks of their respective owners.

Prohibited Uses

You may use the Game only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Game:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Game, or which, as determined by us, may harm the Company or users of the Game or expose them to liability.

Additionally, you agree not to:

  • Use the Game in any manner that could disable, overburden, damage, or impair the Game or interfere with any other party’s use of the Game, including their ability to engage in real time activities through the Game;
  • Use any robot, spider or other automatic device, process or means to access the Game for any purpose, including monitoring or copying any of the material on the Game;
  • Use any manual process to monitor or copy any of the material on the Game or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Game;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Game, the server on which the Game is stored, or any server, computer or database connected to the Game;
  • Attack the Game via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Game.

We do not recognize any virtual property transfers executed outside of the Game or the purported sale, gift, or trade in the “real world” of anything related to the Game. Accordingly, you may not sell items for “real” money or otherwise exchange items for value outside of the Game. We cannot assume responsibility for any such transaction or be forced to recognize any such transaction, which shall be void.

We also do not recognize and cannot be forced to recognize the transfer of user accounts. You may not purchase, sell, gift, or trade any user account, or offer to purchase, sell, gift, or trade any use account, and any such attempt shall be void. We cannot assume responsibility for any such transaction.

User Contributions

The Game may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, guild- or network-creation functions and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users, other persons, or to us (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Game or on websites, social media platforms, or other online platforms related to the Game (including, without limitation, social media pages opened by us in relation to the Game).

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Game, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns an irrevocable, perpetual, worldwide, non-exclusive, unlimited, royalty free and fully paid, sublicensable through multiple layers of (sub)licensing, transferable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose at our sole discretion.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Game.

We may or may not backup User Contributions, and we cannot guarantee that the User Contributions will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

We may or may not backup the status, performance, condition, and/or other personal features or gameplay of the Game, and we cannot guarantee that the same will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Game or the public or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Game; and
  • Terminate or suspend your access to all or part of the Game for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Game. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Game, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. Content found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millenium Copyright Act of 1998. If you believe copyright is being unlawfully infringed upon by a user(s) on or through the Game, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through the Site by completing the following notice in accordance with 17 U.S.C. § 512(c) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from the Site. The notification must include the following information:

  1. Identify the copyrighted work(s) that you claim has been infringed;
  2. Identify the infringing material which you request us to removed;
  3. Provide your mailing address, telephone number, and e-mail address;
  4. Include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
  5. Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
  6. Provide your full legal name and your physical or electronic signature.

Rockbite LLC’s Copyright Agent to receive such notifications is Avetis Zakharyan, 1200 S. Brand Blvd. #215, Glendale, CA 9120; phone number: (818) 500-0714.

Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.

Reliance on Information Posted

The information presented on or through the Game is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Game, or by anyone who may be informed of any of its contents.

The Game may include content provided by third parties, including materials provided by other users and third parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Game

We may make changes to any or all parts of the Game from time to time. We may or may not backup any or all features, functionalities, services, aspects, or contents of the Game, including your gameplay; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

You further acknowledge, that in case of network-based or “multiplayer” modes, the content, features, and functionality of the Game, as well as your status, performance, condition, and/or other personal features or gameplay of the Game, may be added, removed, altered, or otherwise modified by the performance, actions, and omissions of other users of the Game, whether you or such other users are online and accessing and using the Game or not. You acknowledge that we assume no responsibility for any such modification.

Further, we reserve the right to in any way modify the status, performance, condition, and/or other personal features or gameplay of the Game for a user based at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.

Information About You and Your Visits to the Game

All information we collect on the Game is subject to our Privacy Policy. By using the Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Game

If the Game contains links to other sites and resources provided by third parties, these links are provided for your convenience only (each, a “Link”). This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications. We have no control over the contents of those Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Links linked to the Game, you do so entirely at your own risk and subject to the terms and conditions of use for such Links.

Geographic Restrictions

The owner of the Game is based in the state of California in the United States. We provide the Game for use only by persons located in the United States. We make no claims that the Game or any of its content is accessible or appropriate outside of the United States. Access to the Game may not be legal by certain persons or in certain countries. If you access the Game from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

In-App Purchases

The Game may provide the possibility of in-app purchases. The processing of such payments, refunds, accuracy of payment methods and related matters are governed by the policies of the store making the Game available to users.

The Game may offer rewards to users, in the form of virtual currency or other forms, based on their actions in the Game. Additionally, users may be able to purchase such virtual currency; however, users acknowledge and agree that the same virtual currency may be offered at different prices to different users.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Game and any material, content, functionality, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GAME OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “SITE”) LINKED TO IT.

YOUR USE OF THE GAME, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME IS AT YOUR OWN RISK. THE GAME, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GAME. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE GAME, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GAME OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GAME, ANY SITES LINKED TO IT, ANY CONTENT ON THE GAME OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GAME OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO THE GAME OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF THE GAME. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Additionally, we will have the right but not the obligation to resolve disputes between users relating to the Game. As a condition of access to the Game, you release the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Game, including but not limited to our resolution of disputes relating to the Game.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Game, including, but not limited to, your User Contributions, any use of the Game’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Game.

Governing Law and Jurisdiction

All matters relating to the Game and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Game shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Game, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law, such arbitration to be held in English in the City and County of Los Angeles, State of California.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Rockbite LLC with respect to the Game and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Game.

Your Comments and Concerns

The Game is operated by Rockbite LLC, a California company with an address at 1200 S. Brand Blvd., #215, Glendale, CA 91204.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Game should be directed to: support@rockbitegames.com.