Last Revised: March 19, 2021
Acceptance of Terms
2. Terms of Sale and Purchases of Virtual Items and Services
All sales for products or services in RMG Products are governed by Red Meat Games’s Terms of Sales and Purchases of Virtual Items and Services set forth herein. In RMG Products you may purchase, with “real world” currency, a license to use Virtual Items and other goods and/or services available in RMG Products. By ordering a license to use Red Meat Games’s Virtual Items or Services through RMG Products, you acknowledge and agree to be bound and accept the terms herein. In its sole discretion Red Meat Games may change these terms, at any time, without prior notice. You may also obtain a license to use Virtual Items by redeeming in-game currencies, in-game points, or Third Party virtual currency or provider credits.
Red Meat Games will reduce the balance of Virtual Currencies as you spend your Virtual Currencies purchasing licenses to use Virtual Items for in-game play on RMG Products.
You acknowledge and accept that all sales of Virtual Currencies, Virtual Goods, Virtual Services and Virtual Items are final. Red Meat Games does not provide refunds, except in the sole discretion of Red Meat Games. You acknowledge and agree that all Virtual Items are forfeited if your account is terminated or suspended for any reason either voluntarily or involuntarily, or if Red Meat Games discontinues providing the applicable Virtual Item or RMG Product.
3. Virtual Items
Red Meat Games prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of RMG Products, or the purported sale, gift or trade in the “real world” of anything that appears, occurs, or originates in RMG Products. Transfers of Virtual Items, Virtual Currencies, and Virtual Goods are prohibited except where explicitly authorized within the applicable RMG Product. You may not sublicense, trade, steal, misappropriate, sell or attempt to sell, buy or attempt to buy in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the RMG Product game. Any such transfer or attempted transfer is prohibited and such user violating these terms may have access to RMG Products permanently terminated and may face possible legal action. In the event that your user account or access has been terminated by Red Meat Games, your Virtual Items may be revoked and you will not be entitled to a refund or any other form of compensation for the termination of these Virtual Items.
Virtual Items do not have a “real world” value and as such you are not entitled to bring any claims of loss, or suffering as a result of loss or damage to your Virtual Items. It is possible that RMG Products may contain bugs or defects that could result in the loss or damage of Virtual Items. To the full extent permitted by law, Red Meat Games Inc. will not be held liable to compensate you for any matter whatsoever related to Virtual Items, including but not limited to any loss you claim to suffer or any claims you allege to be entitled to.
Red Meat Games, in its sole discretion, has the right to govern, control, manage, regulate, modify, delete and or terminate such Virtual Items as it sees fit. Red Meat Games shall have no liability to you, any user, and anyone for exercising these rights. Red Meat Games’s Rights include, without limitation, the right to govern, control, manage, regulate, modify, delete and or terminate any virtual item, virtual good or virtual currency using terms such as “unlimited”, “perpetual” or “endless”.
4. User Content and Conduct
RMG Products may include interactive areas, such as instant messaging features, multiplayer brags and sharing features, chat dialogues, or other interactive areas or services in which you or a Third Party create, send, post, share, brag, store content, messages, materials or other items on of through the RMG Products (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any of the RMG Products, you agree not to post, upload to, transmit, promote, distribute, share, use, store, create or otherwise publish through any of the RMG Products any of the following:
a. Material (message, words, data, image, information, text, music, sound, photos, graphics, code or other material (“User Content”) that in Red Meat Games’s assessment could be unlawful, libelous, defamatory, obscene, malicious, pornographic, pedophilic, indecent, lewd, suggestive, harassing, stalking, threatening, harmful, liable to incite hatred, fraudulent, embarrassing, racist, xenophobic, ethically offensive, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
b. User Content that may harm minors in any way;
c. User Content that is offensive with respect to sexual orientation, race, religion, or heritage etc. Hate speech is not tolerated
d. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, provincial, state, jurisdictional, national or international law;
e. User Content that may infringe on or violate the intellectual and industrial property rights including patents, trademarks, trade secrets, copyrights, image rights or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
f. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
g. Misrepresent yourself as being a Red Meat Games Inc. employee, agent, representative, or a Red Meat Games Inc. partner of affiliate;
h. Unsolicited promotions, commercial postings, solicitations, advertising, and political campaigning;
i. Private information of any Third Party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, Social Security Numbers, and credit card numbers;
j. Encourage, promote, support, or take part in any activity involving hacking, keystroke logging, phishing, cracking, interfering with or deciphering any transmissions to or from the Red Meat Games servers, taking advantage of cheats of exploits and/or distributing counterfeit applications or counterfeit on-line currency and on-line goods;
k. Use or distribute cheat utilities, programs, or applications;
l. Exploit RMG Products for any commercial use, including, but without limitation for gathering in-game currency, in-game products, Virtual Currencies, Virtual Goods, Virtual Services or other Virtual Items etc. for sale outside the RMG Product games and applications, or for performing in-game services in exchange for payment outside of the game, such as, but not limited to power-leveling;
m. Viruses, Trojan, worm, time bombs, spyware, corrupted file or data or other harmful, disruptive or destructive files;
n. User Content that, in the sole judgment of Red Meat Games, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, RMG Products, the website or the Applications, or which may expose Red Meat Games or its users to any harm or liability of any type;
o. User Content that contains vulgar language, abusive, hitting the return key repeatedly, using extreme shouting (all caps) in an effort to disturb others, spamming, or flooding by repetitively posting text;
p. User Content that improperly uses in-game support or complaint buttons to make false or inappropriate reports to Red Meat Games;
q. User Content that promotes the use of RMG Products that is not controlled or authorized by Red Meat Games Inc.;
r. Abuse or exploit bugs, undocumented features, design errors or problems in the game.
s. Modify or attempt to modify, reproduce, copy, translate, or extract any information or part of the content by any means on the RMG Products without Red Meat Games Inc.’s express prior permission;
u. User Content that tricks, defrauds, or misleads Red Meat Games or other users, especially in any attempt to learn sensitive information such as passwords; and
v. User Content that promotes the sale of any part of the RMG Product including but not limited to virtual goods and currencies, in-game currency, in-game products through the exchange for real currency.
You acknowledge and agree to use all RMG Products at your own risk. Red Meat Games Inc. is not responsible or liable for statements, representations, user conduct or content on RMG Products. Red Meat Games Inc. is not responsible or liable for mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may come upon on any RMG Products
Some RMG Products offer features that allow you to elect to make information or user content non-public, you acknowledge and agree that Red Meat Games is not liable for any inadvertent public display or sharing of such user information and content regardless of you choosing to keep this information non-public. Red Meat Games is not liable for statements or user content in any public forum, or in the Interactive Area. As such, it is important that you do not post sensitive information that you would prefer to maintain as private and confidential.
6. Third Party Content and Applications
RMG Products may contain links to Third Party Sites that make “Third Party Content” available to users. Red Meat Games does not control or monitor Third Party Content and Applications and is not responsible for or liable for any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided “AS-IS”. These links are provided solely as a convenience and do not imply endorsement or sponsorship for any Third Party Content or Third Party Applications. These Third Party Contents and Applications are independently developed by parties other than Red Meat Games and Red Meat Games assumes no responsibility for accuracy or appropriateness. Red Meat Games is not responsible for the content of any Third Party Applications or content, nor does Red Meat Games make any representations or warranty of any kind regarding any third-party applications or content , without limitation a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any Third Party Application or content, b) any representation or warranty regarding the merchantability or fitness for an particular purpose of any material, content, software, goods or services located at or make available through such Third Party Applications or content, or c) any representation or warranty that the operation of the Third Party Application or content will be uninterrupted or error free, that defects or errors in such third-party websites will be correct or that such Third Party Application and contents will be free from viruses or other harmful components. Red Meat Games disclaims all liability with respect to user access and usage of such websites. Use of such links and non-Red Meat Games websites are entirely at the risk of the user.
While Red Meat encourages links to the Red Meat Games website and forum, it does not want to be linked to or from any third-party website which a) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national, jurisdictional, or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Red Meat Games, or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or b) contains, posts or transmits any information, software or other material violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyrights, trademarks, or other proprietary rights. Red Meat Games Inc. reserves the right to prohibit or refuse to accept any link to the Red Meat Games’s website or forum, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Red Meat Games Inc.
7. Legal Notices
Red Meat Games, Red Meat Games Inc., Sentience, Bring to Light, Cube Samurai Run, Cube Samurai Run Squared, Wits and Warfare, First Impact: Rise of a Hero and Crave Trivia are official marks of Red Meat Games Inc. Other names, words, Titles, phrases, logos, graphics, icons and trademarks displayed on RMG Products may constitute registered or unregistered trademarks of Red Meat Games or third parties. While certain trademarks of third parties may be used by Red Meat Games under license, the display or Third Party trademarks on RMG Products should not be taken to imply any relationship or license between Red Meat Games and the owner of the said trademark or to imply that Red Meat Games endorses the wares, services or business of the owner of the said trademark. Nothing contained on RMG Products should be construed as granting users any license or right to use any trademark logo or design of Red Meat Games Inc. or any Third Party, without the written permission of Red Meat Games Inc. or the respective owner of any Third Party trademark.
All other RMG Products are copyright of their respective owners, as indicated on the particular RMG Products.
For additional legal notices, see www.blotinteractive.com/legal/.
8. Copyright and Limited Access
a) Resale or commercial use of RMG Products or Materials;
b) Copying any RMG Product or Material;
c) Collection and use of data, pictures or descriptions in RMG Products or Materials;
d) Distribution, public presentation or public display of any RMG Products or Materials;
e) Copy and or recording game play or other features of RMG Products, for personal use or otherwise;
f) Modifying any aspects of RMG Products or Materials, or any portion thereof;
g) Use of any data mining, robots or similar data gathering or extraction methods;
h) Downloading, with the exception of page caching, of any portion of RMG Products and Materials or any information contained therein;
j) Utilization of RMG Products or Materials other than for the intended purpose of Red Meat Games Inc., is strictly prohibited and Red Meat Games will terminate user access.
9. Notice and Procedures for Claims of Copyright Infringement
It is the Policy of Red Meat Games Inc. to respond to all claims of intellectual property infringement on any RMG Products. Red Meat Games will promptly process and investigate notices of alleged infringement and will take actions, in its sole discretion, as it deems appropriate. Notifications of claimed copyright infringement should be sent to: firstname.lastname@example.org To be effective, the notification of infringement must be a written communication that includes the following:
a) Provide a physical or electronic signature of the person authorized, and acting on behalf of the owner of the exclusive right that is allegedly infringed. Plus, identify the authorized individual by indicating surname, first name, profession, nationality, date and place of birth;
b) Date of complaint notification;
c) Identification and description of the copyrighted work claimed to have been infringed upon;
d) Information indicating where the material in the claim is precisely located, including the name of the RMG Product;
e) Identify the work protected by the copyright of which the claim of infringement is being made, and provide all necessary information providing the existence of this copyright claim;
f) Identification of the reason why it is believed that the content does not comply with these Terms and should be removed from the RMG Products. With regard to this, cite the legal provisions and proof of the facts;
g) Information reasonably sufficient to permit Red Meat Games to contact the complaining party, such as an address, telephone number and, if available, as electronic mail address at which the complaining party may be contacted;
h) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent of the law; and
i) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
After the receipt of a complete notification, Red Meat Games reserves the right to act as it deems appropriate, and entirely at its own discretion. Presenting material as being unlawful or infringing on copyrights with the aim of its removal or causing its dissemination on RMG Products to be discontinued, when you are aware that this information is incorrect is punishable by law. Red Meat Games takes such actions very seriously and will take legal action on misleading copyright infringement claims. Claims of copyright infringements are legal notices, and Red Meat Games may provide copies of such notices to participants in the dispute or to third parties, at its sole discretion or as required by law. Red Meat Games’s Copyright Representative for notice of claims of copyright infringement is Norma Rossler, who can be reached as follows: email@example.com This email address is intended solely for the receipt of said notices and not for general inquiries. or
Red Meat Games Inc.
Attn: Norma Rossler,
PO Box 20028, RPO Cambridge Ctr
Cambridge, Ontario N3H 4W6
Red Meat Games, currently, allows users to create hyperlinks to RMG Products for non-commercial purposes, so long as such links do not portray Red Meat Games or RMG Products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This hyperlink right may be revoked at any time, at the sole discretion of Red Meat Games. Users are not to use the Red Meat Games Logo or RMG Products logos to link any RMG Products without the prior written authorization of Red Meat Games Inc. Users are not to use, frame or utilize framing techniques to enclose any Red Meat Games or RMG Products, trademarks, logos, RMG Product Images, without Red Meat Games’s prior written authorization.
Except as noted above, users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Red Meat Games Inc. or any other Third Party.
Red Meat Games makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by hyperlinks from or linking RMG Products. Such user sites are not under the control of Red Meat Games and therefore Red Meat is not responsible for these sites. Once a user leaves the RMG Product Red Meat Games terms and policies no longer govern.
11. Promotional Events
Red Meat Games may run advertisements, contests, surveys, or similar promotions (“Promotional Events”) from third parties on RMG Products. Communications, business transactions, correspondence with, participation in promotions of, advertisers other than Red Meat, and any terms, conditions, warranties or representation associated with such dealings, are solely between you and the Third Party. Red Meat is not responsible or liable for any loss or damage of any sort incurred as the result of interactions of such Promotional Events or the result of the presence of non-Red Meat Games advertisers on RMG Products. If a user chooses to take part in such Promotional Events Red Meat Games strongly encourages the user to read the applicable terms and rules that are set forth within each of those Promotional Events.
12. Advertising and Promotion of Third Party Products and Services
Red Meat Games may, solely by its own discretion, highlight Third Party products and or services (“Third Party Material”) through RMG Products as promotional links, advertising banners or other advertising and promotional methods. Resulting correspondence or dealings between you and the Third Party become solely between you and the Third Party. You choose to deal with the Third Party completely at your sole discretion and at your own risk. Red Meat Games is not responsible for Third Party products or service or applications sold through the Third Party or the quality of such products, services and applications. By accessing the Third-Party Material you agree Red Meat Games will not be held responsible or liable for content, goods, payments, warranties, delivery of goods, or services that you choose to obtain. Red Meat Games does not control or endorse these Third-Party Materials. Red Meat Games is not responsible for such Third-Party Materials’ content, business practices, or Third-Party privacy policies. Red Meat Games also expressly disclaims any responsibility for content, legality, decency or accuracy of information, for the Third-Party products and services. By accessing RMG Products you agree that Red Meat Games Inc. shall not be held responsible or liable for loss or damages incurred resulting from such dealings and correspondence or as a result of the presence of such advertising and promotions of Third-Party products and services.
Red Meat Games may choose to run contests and promotions with respect to RMG Products. Rules for contests and promotions will be specified on the following website: www.blotinteractive.com/legal/contest-rules
14. Unsolicited Idea Submissions
Unsolicited idea submissions are not accepted or considered at Red Meat Games. An Idea Submission, without limitation, is a creative idea, suggestion, material, or proposal related to a new game or to improvements to games, original artwork or other works, products, promotions, marketing plans, processes, game or product enhancements, names for new games, or technologies. Do not send any such idea submissions in any form to Red Meat Games or to any Red Meat Games employees. Red Meat Games’s policy on unsolicited idea submissions is to avoid potential misunderstandings or disagreements when RMG Products or strategies appear to be similar to ideas submitted.
Despite this policy, if you make an unsolicited idea submission, then you acknowledge and agree that:
a) Your submission, idea and content automatically become the property of Red Meat Games without any compensation to you;
b) Red Meat Games is under no obligation to review the submission;
c) You grant Red Meat Games Inc. and its designees a worldwide, non-exclusive, perpetual, royalty-free, perpetual, irrevocable, sublicenseable, and transferable and assignable license to use, modify, adapt, reproduce, distribute, translate, prepare derivative works or, display, perform, have made, sell, and otherwise fully exploit any and all related intellectual property rights of such submission. Intellectual property rights include, without limitation, all copyrights, trademarks, trade secrets, patents and all other intellectual and proprietary rights related to, and in any media, without compensation to you; and
d) You give up all claims that any use by Red Meat Games Inc. and or its licensees of your unsolicited ideas violates or infringes, including but without limitation, on your moral rights, privacy rights, publicity rights, proprietary and intellectual rights, and rights to credit for such material and ideas. Quality, Alpha, and Beta Testers given access to any new portion of RMG Products, the submission rules and protocols relating to Quality, Alpha, and Beta Testers supersede this section on Idea Submissions for any submissions you make in connection with your access as a Quality, Alpha, and Beta Tester.
15. Quality, Alpha and Beta Testers
Red Meat Games, in its sole discretion, may provide access to Quality, Alpha, and Beta Testers (“Testers”) on new or revised RMG Products or portions of RMG Products in the scope of carrying-out quality, alpha, and/or beta testing. Testers have been provided access to RMG Products for the purpose of identifying program errors in a RMG Product version, communicating feedback to Red Meat Games on the evaluation and assessment, and assisting the Red Meat Games Development team in detecting errors, as such you agree to use RMG Products according to the following obligations:
a) Tester agrees to assign to Red Meat Games all rights worldwide, including without limitation, intellectual property rights, copyrights, trade secret rights, patent rights, invention and improvement that is conceived, learned or reduced to practice in the context of the Tester’s use of RMG Products, plus, all items reported and not reported to Red Meat Games including, without limitation, comments, recommendations, improvement ideas, bug-fixes. All testing outcomes are the sole property of Red Meat Games, including outcomes that are patentable;
b) Tester acknowledges that accumulated points, in-game currencies, in-game products, virtual goods, virtual currencies, game history and other game items of value or statues obtained during the course of testing may be reset, cleared, or lost during or upon completion of the testing process;
c) Tester understands that during the testing phase of development RMG Products may contain bugs, abnormalities, glitches, and other performance defects.
Red Meat Games disclaims all warranties involving RMG Products, expressed or implied, including, but not limited to, warranties against infringement of Third Party rights, merchantability and fitness for a particular purpose;
d) You agree that the testing process will remain confidential and errors in the game will be reported only to Red Meat Games Inc. Plus, you understand and acknowledge that all RMG Products or portions of RMG Products are proprietary information of Red Meat Games Inc.
i. Testers are not to copy or reproduce any RMG Products or other Red Meat Games proprietary information
ii. Testers are to insure that all RMG Products are protected from reproduction and disclosure. That access is limited to authorized personnel, and that the any Mutual Recognition Agreements between the Testers’ employer and Red Meat Games will be respected:
e) You agree to confidentially and immediately return all RMG Product copies and proprietary information provided by Red Meat Games to you; and
f) You agree that a breach of the above obligations may cause irrevocable harm to Red Meat Games, and as such Red Meat Games is may choose ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.
You agree to indemnify, defend and hold harmless:
a) Red Meat Games Inc.;
b) Red Meat Games Inc.’s affiliated companies, shareholders, partners, directors, officers, subsidiaries, employees, agents and suppliers; and
RMG Products are provided “as-is” and “as-available” without warranties or representations of any kind, either express or implied. By accessing and using RMG Products you acknowledge and agree that use of RMG Products and content is entirely at your own risk.
Red Meat Games disclaims all other warranties or representations, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the RMG Products and materials, including without limitation any Red Meat Games software, Third Party Content, and Third Party Applications. Red Meat Games Inc. does not represent or warrant that RMG Products or materials are accurate, timely, secure, suitable, complete, uninterrupted, reliable, current, or error-free. You are solely responsible for your interactions with RMG Products. Red Meat Games is not responsible for any third parties who may access the site or use the RMG Products, and your use of RMG Products is at your own risk.
Red Meat Games is not responsible for typographical errors or omissions. While Red Meat attempts to make access and use of RMG Products safe, Red Meat Games cannot and does not represent or warrant that the RMG Products, its server(s), the Red Meat software, Third Party Applications or other site material are free of viruses or other harmful components.
Red Meat Games reserves the right to modify, change, cancel or delete any and all content contained in RMG Products at any time without notice. This includes, without limitation, any levels, ranking, scores, points, game history, or public recognition you have acquired or achieved.
Some jurisdictions do not allow the exclusion of implied warranties; therefore the above exclusions may not apply to you. You may also have other rights that vary between jurisdictions.
18. Limitation of Liability
You acknowledge and agree that in no event shall Red Meat Games Inc., its affiliated companies, shareholders, partners, directors, officers, subsidiaries, employees, agents, licensors, members and suppliers (collectively “Red Meat Games Entities”) be liable for any direct, indirect, incidental, special, exemplary or consequential damages, or any other damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of, or inability to use, any RMG Product, or any materials contained in or accessed through RMG Products, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Red Meat Games Inc. or that result from mistakes, omissions, interruptions, deletion of game history or messages, changes to or deletion of game scores or rankings, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorized access to Red Meat’s records, programs or services.
In no event shall the aggregate liability of Red Meat Games Inc. and any of the Red Meat Games Entities whether arising in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the RMG Products exceed the total fees paid by you, if any, to Red Meat Games Inc. for access to or use of RMG Products.
Some jurisdictions do not allow the foregoing limitations of liability for consequential or incidental damages; therefore the above exclusions may not apply to you. In such jurisdictions, you accept and agree that such liability shall be limited to the maximum extent permitted by the applicable jurisdictional law, even if any remedy fails of its essential purpose. It is your responsibility to seek the advice of professionals, as appropriate.
You further acknowledge and agree that Red Meat Games Inc., is not liable and you agree not to seek to hold Red Meat Games liable, for the conduct of third parties.
19. Dispute Resolution
The majority of user concerns can be resolved informally and quickly by contacting the Red Meat Games office directly. We therefore encourage you to first contact our representatives before resorting to the options laid-out in the subsections below. Red Meat Games may be contact at: firstname.lastname@example.org or
Red Meat Games Inc.
Customer Service Department
PO Box 20028, RPO Cambridge Ctr
Cambridge, Ontario N1R 8C8
a) Relating to relationships, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
b) That arose before this Agreement or any other prior agreement;
c) Currently the subject of purported class action litigation in which you are not a member of a certified class; and
d) That may arise after the termination of this Agreement.
a) To enforce or protect, or concerning the validity of, the Intellectual Properties Rights of you, Red Meat Games Inc., or any of the Red Meat Games Entities; and
b) Arising from or relating to, allegations of theft, piracy, or unauthorized use.
a) Informal Negotiations:
You and Red Meat Games mutually agree to first attempt to informally negotiate Disputes, (except those Disputes expressly provided below) for at least thirty (30) days before initiating arbitration.
The negotiation process does not suspend any statutory limitation periods applicable to the bringing of a Claim or Dispute;
The Informal Negotiation process commences upon receipt of written notification from one Party to the other Party. Written notification must contain: Full name and contact information of the complaining party, description of the nature and basis of the claim or dispute, and set forth the specific relief sought. Notices to Red Meat Games are to be sent to: Red Meat Games Inc. Attn: Legal Department 1167 Brunswick St., 3rd Floor, Halifax, Nova Scotia B3J 2G3 b) Arbitration: If you and Red Meat Games are unable resolve a Dispute through informal negotiations, within the 30 day time period, then either Party may elect to have the Dispute (except those Disputes expressly provided below) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other Party.
Any election to arbitrate by one Party shall be final and binding on the other Party. Both Parties mutually agree that arbitration will be conducted pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Cambridge, Ontario Canada. The language of the arbitration shall be in English.
By agreeing to this Arbitration provision, you acknowledge, understand, and agree that you and Red Meat Games are waiving the right to sue in court and have a jury trial.
c) Limitations to Arbitration:
Both Parties mutually agree than any arbitration shall be limited to the Dispute, Claim, or controversy between you and Red Meat Games individually, that there are no rights or authority for a dispute to be arbitrated on a class action basis or to use class action procedure, that no arbitration shall be joined with any other, and that there is no right or authority for any Dispute, Claim, or controversy to be brought in a purported representative capacity on behalf of the general public or any other persons.
d) Exceptions to Informal Negotiations and Arbitration:
You and Red Meat Games Inc. agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
i) Disputes seeking to enforce or protect, or concerning the validity of, any of your or Red Meat Games Inc.’s intellectual property rights;
ii) Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
iii) Disputes for equitable and or injunctive relief.
In addition to the foregoing, either party may asset an individual action in small claims court for Disputes that are within the scope of such courts’ jurisdiction in lieu of arbitration.
20. Applicable Law
Red Meat Games may issue warnings and temporary suspensions and permanent termination for user violations. Red Meat Games retains sole discretion as to the timing and issuance of any warnings, penalties, and or other disciplinary actions, even if there are credits remaining on your account. If Red Meat Games Inc. terminates your access to any RMG Products and credits remain on your account no refund will be granted, and no entitlements will be credited to you or converted to cash or any other forms of reimbursement. If you feel you have been unfairly disciplined or warned please contact us, with a full detailed explanation for consideration to email@example.com
23. Force Majeure
Red Meat Games Inc. shall not be held liable for any exceptional circumstances, delays or failure to perform resulting from causes outside the reasonable control of Red Meat Games including, without limitation, any failure to perform hereunder due to unforeseen circumstances of causes beyond Red Meat’s control such as Acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
24. Entire Agreement