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Terms of Service

Last Updated and Effective: June 12, 2025

These Terms of Service (“Terms”) apply to your use of the website platform and online services known as Rooster Teeth (the “Platform”) and provided by Box Canyon Productions, LLC dba Rooster Teeth (“Rooster Teeth” “we,” or “us”).  We’ve tried hard to make these Terms readable, but inevitably we’ve had to insert formal legal language – because this is a legally binding contract between you and Rooster Teeth we need to make them as carefully.   

PLEASE NOTE: SECTION 17 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IN ADDITION, SECTION 3 CONTAINS TERMS FOR AUTO-RENEWING SUBSCRIPTION PAYMENTS AND FREE TRIALS (INCLUDING HOW TO CANCEL).

If you are not located in the United States, there may be provisions which apply to you which are in an addendum at the end of these Terms. 

If you have any questions about these Terms or our Platform, please contact us at support@roosterteeth.com .

1. ELIGIBILITY

(a) Our Platform is not directed at anyone under the age of 13 or the minimum age at which a person may use the Services in your state, province or country if it is older than 13. If we become aware that you are under this age we will suspend your use of the Services and delete your account and data. Other terms may apply to our Services which require you to be even older to use them so please review these carefully when prompted.

(b) If you are under 18 years of age, you may use the Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 who desires to use the Platform, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user.

2. USER ACCOUNTS

(a) If you register for an account to use our Platform, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session) and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users. We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those usernames.

(b) Rooster Teeth at any time and for any reason, in its sole discretion and without any liability to you or any third-party, may suspend or terminate your account or use of or access to the Platform (or any portion thereof).

3. SUBSCRIPTIONS

(a) Pricing. Prices for our subscriptions are subject to change at any time, but changes will not affect any purchase you have already placed with respect to your current subscription term. Any price changes will take effect when indicated in our email notice to you or as otherwise set forth on the Platform.

(b) Taxes. You’re responsible for all applicable taxes, and we’ll charge tax when required.

(c) Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If your payment cannot be completed, we may downgrade your account or suspend your access to the subscription until payment is received.

(d) Auto-Renewal Terms. Subscriptions will automatically renew and be charged to your payment method at the subscription rate you subscribed with, unless you unsubscribe as specified herein, subject to any price changes of which you have been notified via email or on the Platform, and any applicable taxes and service fees in connection with your use of the subscription. The fees will be charged to your payment method automatically at the beginning of each renewal subscription period on the calendar day corresponding to the commencement of your current subscription period unless you cancel your subscription or your account, or the subscription is suspended or terminated pursuant to the Terms,  You can review your current subscription period by visiting the Manage Account section of your Rooster Teeth account profile).

(e) Free Trials. Your subscription may start with a free trial. Rooster Teeth reserves the right, in its sole discretion, to determine your free trial eligibility. Our Platform will indicate whether or not the free trial will automatically convert to a paid subscription upon expiration of the trial period. If so, unless you cancel your subscription prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your subscription upon expiration of the free trial period until you cancel your subscription or we terminate it.

(f) Cancellation; No Refunds. You may cancel your Rooster Teeth subscription at any time by visiting the Manage Account section of your Rooster Teeth account profile , and you will continue to have access through the end of your subscription period (or free trial period, if applicable). You will not have the right to receive any pro-rated refunds if you cancel your subscription period early. Except to the extent refunds are required by law, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases. These Terms do not override any mandatory local laws regarding your cancellation rights.

4. USER CONTENT

(a) Our Platform may allow you and other users to post or otherwise submit comments, videos, gifs and other materials on public forums (collectively, “User Content”). You grant Rooster Teeth a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (meaning that there is no ongoing payment to you required) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, analyze, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content for any purpose and in all media formats and channels now known or later developed by Rooster Teeth without compensation to you for any purpose. Except for the license you grant above, as between you and Rooster Teeth, you retain all rights in and to your User Content. 

(b) You may not create, post, store or share any User Content that violates these Terms. You are solely responsible for your User Content. You represent and warrant that your User Content, and our use thereof as permitted by these Terms and community guidelines published by Rooster Teeth, will not violate any rights of or cause injury to any person or entity and that you have all rights necessary to grant us the license above. Although we have no obligation to screen, edit or monitor User Content, we may elect not to publish, to delete, or to remove User Content at any time and for any reason with or without notice. Your decision to submit User Content to the Platform is voluntary, and at your discretion.

(c) Rooster Teeth may preserve and store User Content, and may disclose such content if required to do so by law or if Rooster Teeth believes in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (e.g., subpoenas); (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Rooster Teeth, its users and the public.

(d) While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Platform or if we think your content violates these Terms or any applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Platform.

(e) We want to hear from our users – that’s our favorite part of this Platform. But if you provide feedback or suggestions, please be aware that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in anything we develop based on your feedback or suggestions.

5. PRIVACY

Your privacy matters to us. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

6. USER CONDUCT AND CONTENT -RESPECTING OTHERS AND THEIR RIGHTS AND SAFETY

(a) Subject to your compliance with these Terms, you may use the Platform only for your own personal, noncommercial use (except as specifically pre-approved in writing by Rooster Teeth for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

(b) We work hard towards ensuring that our Platform is a safe place for all users. But we cannot guarantee that.  By using the Platform, you agree that you will at all times comply with these Terms, including our  community guidelines and any other policies Rooster Teeth makes available in order to maintain the safety of the Platform and its users.

(b) Rooster Teeth respects the rights of others and it is important that you do as well. For that reason, we require that you agree to not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and that you are solely responsible for your conduct while using our Platform. You will not use the Platform for any illegal, harmful, or abusive activity. For example, you may not:

  • Engage in any harassing, threatening, intimidating, predatory, discriminatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Rooster Teeth;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Make the Platform available to any third party (via a services arrangement, service bureau, lease, sale, resale, or otherwise);
  • Use our Platform to build a competitive product or service;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;
  • Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;
  • Use our Platform other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;
  • Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information;
  • Circumvent safeguards we implement or usage limitations or attempt to gain unauthorized access to our Platform or other user accounts;
  • Develop or use any applications that interact with our Platform without our prior written authorization;
  • Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;
  • Solicit or otherwise attempt to collect personal information or passwords; or
  • Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(c) In addition, you may not create, post, store or share any User Content that:

  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or that you do not have all necessary rights to disclose
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Contains any unsolicited promotions (such as “spam”), political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party (other your child) without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
  • Is content written primarily in a language other than English, except in instances where such content is written in the same primary language as the website in which it appears; (e.g., User Content written in Spanish on a Spanish-language website published by Rooster Teeth);
  • In our sole judgment, is of poor quality, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose Rooster Teeth or others to any harm or liability of any type.

(d) If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account and retain data relating to your account in accordance with our data retention policies; and notify third parties — including law enforcement — and provide those third parties with data and any other information relating to your account. This step may be necessary to protect the safety and rights of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.  Enforcement of this Section 6 is solely at Rooster Teeth’ discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 and any action taken or not taken by Rooster Teeth under this Section 6 does not create any cause of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.

7. CONTENT MODERATION

(a) Much of the content on our Platform is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Rooster Teeth reserves the right to review, moderate, or remove all content that appears on the Platform, we do not review all of it. So we cannot — and do not — guarantee that other users or the content they provide through the Platform will comply with our Terms, our community guidelines or other of our other terms, policies or guidelines we publish from time to time.

(b) Users can report content produced by others or others’ accounts for violation of our Terms, Community Guidelines or other guidelines and policies through a report feature readily locatable on the Platform.

8. OWNERSHIP

The Platform, including all content contained therein, text, graphics, images, photographs, audio, videos, illustrations, themes, objects, stories, concepts, artwork, and other content contained therein, excluding User Content, are owned by Rooster Teeth or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors.

9. TRADEMARKS

Rooster Teeth and our other names, logos, our product or service names, and our slogans are trademarks that are owned or licensed by Rooster Teeth and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

10. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify Rooster Teeth’s designated agent as follows:

Designated Agent Name: Copyright Manager

Address: PO Box 26981

Austin, TX 78731

 

Phone: +1 512-200-2790

Email: dmca@roosterteeth.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Platform is infringing, you may be liable to Rooster Teeth for certain costs and damages.

11. THIRD-PARTY CONTENT

(a) The Platform also includes or links to other content or information provided about other third-party websites, products, services, activities or events (collectively, “Third-Party Content”). We are not responsible for Third-Party Content. Your interactions with or correspondence with the providers of Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the third party providing it. Rooster Teeth does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

12. MODIFYING AND TERMINATING OUR PLATFORM

We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our Platform at any time.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Rooster Teeth, and our respective officers, directors, agents, Partners and employees (individually and collectively, the “Rooster Teeth Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Platform; (b) your User Content or Feedback; or (c) your violation of these Terms. You agree to promptly notify Rooster Teeth of any third-party Claims, cooperate with the applicable Rooster Teeth Parties in defending against such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Rooster Teeth Parties will have control of the defense or settlement, at Rooster Teeth’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Rooster Teeth or the other Rooster Teeth Parties.

14. DISCLAIMERS; ASSUMPTION OF RISK

Your use of our Platform is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content therein (including any Third-Party Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Rooster Teeth does not represent or warrant that our Platform will be available, accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Platform.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law:

(a) ROOSTER TEETH AND THE OTHER ROOSTER TEETH PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ROOSTER TEETHOR THE OTHER ROOSTER TEETHPARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

(b) THE TOTAL LIABILITY OF ROOSTER TEETH AND THE OTHER ROOSTER TEETH PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PLATFORM, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR PLATFORM IN THE 6 MONTHS PRECEDING THE CLAIM.

16. RELEASE

To the fullest extent permitted by applicable law, you release Rooster Teeth and the other Rooster Teeth Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

17. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rooster Teeth and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

(a) No Representative Actions. You and Rooster Teeth agree that any dispute arising out of or related to these Terms or our Platform is personal to you and Rooster Teeth and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for small claims disputes in which you or Rooster Teeth seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Rooster Teeth seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, to the fullest extent permitted by applicable law, you and Rooster Teeth waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Platform (collectively, “Disputes”), including claims related to privacy and data security or our Privacy Policy, resolved in court. Instead, for any Dispute that you have against Rooster Teeth, you agree to first contact Rooster Teeth and attempt to resolve the claim by sending a written notice of your claim (“Notice”) to Rooster Teeth by email at support@roosterteeth.com or by certified mail addressed to Legal at Rooster Teeth, Inc., PO Box 2698, Austin, TX 78731. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Rooster Teeth cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes User to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the City of Austin, Travis County unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 17, a “consumer” means a person using the Platform for personal, family or household purposes. You and Rooster Teeth agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

(c) You and Rooster Teeth agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Rooster Teeth, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e) You and Rooster Teeth agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Rooster Teeth will pay the remaining JAMS fees and costs. For any arbitration initiated by Rooster Teeth, Rooster Teeth will pay all JAMS fees and costs. You and Rooster Teeth agree that the state or federal courts of the State of Texas, located in the Travis County, State of Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Rooster Teethwill not have the right to assert the claim.

(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17, by emailing support@roosterteeth.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

(h) If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (i) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

18. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the County of New York, State of New York.

19. MODIFYING THESE TERMS

We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform. Unless material changes are made to the arbitration provision under Section 17, you agree that modification of these Terms does not create a new right to opt out of arbitration.

20. MISCELLANEOUS

  1. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
  2. The failure of Rooster Teeth to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
  3. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
  4. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Any references to “including” will be deemed to mean “including without limitation.”
  5. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
  6. Without limiting any provision of these Terms, Rooster Teeth will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond the reasonable control of Rooster Teeth.
  7. You agree that communications and transactions between you and us may be conducted electronically.

 

 

MODIFYING TERMS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES

 

  1. Section 14 is replaced with the following:

The Platform is provided “as is” and “as available” and to the extent permitted by law and except as stated above, without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to: (a) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (b) arising from a course of dealing. In addition, while we attempt to provide a good user experience, we do not represent or warrant that: (i) the Platform will always be entirely secure, error-free or timely, (ii) the Platform will always function without delays, disruption or imperfections, or (iii) any content or information you obtain through the Platform will always be timely or accurate.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED.

To the fullest extent permitted by law, Rooster Teeth takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, views, or stores on or through our Platform and you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Rooster Teeth will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

 

  1. Section 15 Limitation of Liability is replaced with the following:

Rooster Teeth and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Platform or inability to use the Platform, (b) your access to or inability to access the Platform, (c) the conduct or content of other users or third parties on or through the Platform, or (d) unauthorized access, use or alteration of your content. Except to the extent specified otherwise in any other applicable terms of Rooster Teeth, in no event will Rooster Teeth’s aggregate liability for all claims relating to the Platform exceed the greater of (a) €100 EUR, and (b) the amount you paid Rooster Teeth in the last 12 months for any Platform.

Nothing in these Terms (or for the avoidance of doubt any other terms to which you are subject in respect of the provision of Platform by Rooster Teeth) shall exclude or limit Rooster Teeth’s liability for: (a) death or personal injury arising from their own respective intent or negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.

FURTHER, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

 

  1. Section 17 Dispute Resolution; Binding Arbitration is replaced with the following:

 

The laws of England and Wales govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.