1. Acknowledgement: This mobile addendum is between you and RareSloth only, and not Apple, Inc. (“Apple”). RareSloth, not Apple, is solely responsible for RareSloth iOS Apps and their content. Although Apple is not a party to this Mobile Addendum, Apple has the right to enforce this Mobile Addendum against you as the third party beneficiary relating to your use of the RareSloth iOS Apps.
2. Scope of License: Limited License. RareSloth grants you a limited, non-exclusive, non-transferrable, revocable license to use RareSloth iOS Apps for your personal, non-commercial purposes. You may only use RareSloth iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
3. Maintenance and Support: To the extent that any maintenance or support is required by applicable law, RareSloth, not Apple, shall be obligated to furnish any such maintenance or support.
4. Warranty: RareSloth Apps are provided on an “as is” basis. As such, RareSloth disclaims all warranties about the RareSloth iOS Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, RareSloth, not Apple, shall be solely responsible for such warranty.
5. Product Claims: RareSloth does not make any warranties concerning RareSloth iOS Apps. To the extent you have any claim arising from or relating to your use of RareSloth iOS Apps, RareSloth, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim, (ii) any claim that the RareSloth iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile addendum shall be deemed an admission that you may have such claims.
6. Intellectual Property Rights: RareSloth shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to RareSloth iOS Apps. To the extent RareSloth is required to provide indemnification by applicable law, RareSloth, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the RareSloth iOS Apps or your use of it infringes any third party intellectual property right.
7. Legal Compliance: U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Most questions, complaints, issues, or claims with respect to RareSloth Apps can be resolved quickly by contacting us via email firstname.lastname@example.org or by phone at +52 322 274 1215.
RareSloth LLC, P.O. Box 9845 Jackson, WY 83002, Attn: RareSloth Legal
9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using this Application. Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
10. Third Party Beneficiary: Your mobile OS is a third party beneficiary of this license agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
1.1 These terms apply to your download, access and/or use of RareSloth games, whether on your computer, on a mobile device, on our website www.raresloth.com (the “Website”) or any other website, device or platform (each a “Game” and together the “Games”). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time such as kingrabbit.co (we refer to all our Games and other services collectively as the “Services” in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.3 These terms represent a legal agreement between you and RareSloth LLC, a Wyoming Limited Liability Company whose correspondence address is P.O. Box 9845 Jackson, WY 83002. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 20.
1.4 In these terms references to “RareSloth”, “we”, “us” and “our” are references to RareSloth LLC.
1.6 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.7 You can access the latest version of these terms at any time at raresloth.com/king-rabbit-tos. We can make changes to these terms at any time in accordance with paragraph 16 below and, except in relation to any amendment to paragraph 20 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.
4.1 Our Games may include virtual currencies such as diamonds or gems (“Virtual Money”), items or services for use with our Games (“Virtual Goods”) or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
4.2 You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable license to use them – any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.
4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a RareSloth account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;
any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and
any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.
4.5 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or RareSloth account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in paragraph 4.3 above; and/or (ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.
4.6 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.7 We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
4.8 We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
4.9 Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
4.10 Without limiting paragraphs 3.7, 4.4 or 7.1 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money, and Virtual Goods and/or active Subscriptions (see paragraph 4.12) that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.11 The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, carrier billing and PayPal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
4.12 Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
Non-Fungible Tokens (NFTs)
4.13a. Liability: We neither own nor control Rarible, digital wallets, or the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to buy or interact with King Rabbit NFTs. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You are responsible for the security of your account and your Ethereum wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your King Rabbit account, you agree to notify us immediately at email@example.com.
4.13b. Minting: Only one of each NFT rabbit will ever be minted, please ensure you’re interacting with the official KingRabbit Collection – contract address: 0x5cbfbadc8E4fBCC9d9F9D82C1d1022E999Cba36C
4.13c. Ownership: You Own the NFT. Each rabbit skin is a non-fungible token (an “NFT”) on the Ethereum blockchain. You own the underlying NFT completely once you purchase it and it exists in your Ethereum wallet. This gives you full rights to trade your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point will we seize, freeze, or otherwise modify the ownership of any rabbit.
4.13d. General Use License. Subject to your continued compliance with these Terms, RareSloth grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display your purchased rabbits, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your purchased rabbit, provided that the marketplace cryptographically verifies each rabbit owner’s rights to display the art for their purchased rabbit to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your purchased rabbit, provided that the website/application cryptographically verifies each rabbit owner’s rights to display the art for their purchased rabbit to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the purchased rabbit leaves the website/application.
Commercial Use. Subject to your continued compliance with these Terms, RareSloth grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy, and display the Art for your Purchased rabbit for the purpose of commercializing your own merchandise that includes, contains, or consists of the Art for your Purchased rabbit (“Commercial Use”), provided that such Commercial Use does not result in you earning more than One Hundred Thousand Dollars ($100,000) in gross revenue each year. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of rabbits generally, provided that the marketplace cryptographically verifies each rabbit owner’s rights to display the Art for their Purchased rabbit to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation in King Rabbit generally, provided that the third party website or application cryptographically verifies each rabbit owner’s rights to display the Art for their Purchased rabbit to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased rabbit leaves the website/application; or (iii) earning revenue from any of the foregoing, even where such revenue is in excess of $100,000 per year.
4.13e. Restrictions: You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without RareSloth’s express prior written consent in each case: (i) modify the Art for your Purchased rabbit in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder); (ii) use the Art for your Purchased rabbit to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased rabbit in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased rabbit in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased rabbit, except as expressly permitted in these Terms; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased rabbit; or (vii) otherwise utilize the Art for your Purchased rabbit for your or any third party’s commercial benefit.
4.13f. Other Terms of License. The license granted above applies only to the extent that you continue to Own the applicable Purchased rabbit. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased rabbit for any reason, the license granted in Section 3.C will immediately expire with respect to that rabbit without the requirement of notice, and you will have no further rights in or to the Art for that rabbit. If you exceed the $100,000 limitation on annual gross revenue set forth above, you will be in breach of these Terms, and must send an email to RareSloth at firstname.lastname@example.org within forty-five (45) days, with the phrase “King Rabbit License – Commercial Use” in the subject line, requesting a discussion with RareSloth regarding entering into a broader license agreement or obtaining an exemption (which may be granted or withheld in RareSloth’s sole and absolute discretion). If you exceed the scope of the license granted without entering into a broader license agreement with or obtaining an exemption from RareSloth, you acknowledge and agree that: (i) you are in breach of these Terms; (ii) in addition to any remedies that may be available to RareSloth at law or in equity, RareSloth may immediately terminate the license that was granted to you in Section 3.C, without the requirement of notice; and (iii) you will be responsible to reimburse RareSloth for any costs and expenses incurred by RareSloth during the course of enforcing these Terms against you.
NFT RABBITS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. RARESLOTH IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
You agree to hold harmless and indemnify RareSloth and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that RareSloth will have control of the defense or settlement of any such claims.
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
That is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another’s privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
Which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
Which infringes any intellectual property right or other proprietary right of others;
Which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
Which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
Use our Services to harm anyone or to cause offense to or harass any person;
Create more than one account per platform to access our Services;
use another person or entity’s email address in order to sign up to use our Services;
Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
Disguise, anonymize or hide your IP address or the source of any Content that you may upload;
Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
Remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
Interfere with or disrupt our Services or servers or networks that provide our Services;
Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
Sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;
Disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
Disobey any requirements or regulations of any network connected to our Services;
Use our Services in violation of any applicable law or regulation;
Use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: email@example.com.
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Services.
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.1.1 Choose to play against another user or to play socially with another user whom RareSloth selects for you, or
6.1.2 Play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where RareSloth selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
Delete, suspend and/or modify your account or parts of your account;
otherwise suspend and/or terminate your access to our Services;
Modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
Reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
Without limitation, any breaches of paragraphs 4.1, 4.8, 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
10.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
10.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
10.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
10.4 In particular, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.
10.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
are representing that you are fully entitled to do so;
grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
Acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; And
agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
10.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
A description of the intellectual property rights and an explanation as to how they have been infringed;
A description of where the infringing material is located;
Your address, phone number and email address;
A statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; And
a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is RareSloth LLC, 400 Powderhorn Lane Apt 64, Jackson, WY 83001.
12.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is RareSloth LLC.
12.3 This paragraph 12 shall not affect the provisions of paragraphs 19 and 20 which shall take precedence over this paragraph 12.
14.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
15.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
16.1 You can find these terms at any time by visiting http://wwww.raresloth.com/king-rabbit-tos.
16.2 Without affecting paragraph 20.8 below, we reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
17.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
18.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
19.1 Most concerns can be solved quickly by contacting us at email@example.com.
19.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United States.
20.1 These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download and use our Services in the United States. These provisions may also apply to you if you are domiciled in and/or download or use our Services from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
20.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached at firstname.lastname@example.org. Most concerns are quickly resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
20.4 Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Jackson, Wyoming, and you and we agree to submit to the personal jurisdiction of any federal or state court in Jackson, Wyoming, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
20.6 Exception – Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
20.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Binding Arbitration,” “Location,” and “Class Action Waiver” paragraphs above by sending written notice of your decision to opt-out to the following address: RareSloth LLC, P.O. Box 9845 Jackson, WY 83002, Attn: RareSloth Legal. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
20.8 Changes to this section: We will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.
21.1 You are contracting with RareSloth LLC, whose address is 400 Powderhorn Lane Apt 64, Jackson, WY 83001 and any and all claims arising out of or relating to these terms (including their interpretation, claims for breach and all other claims (including consumer protection, unfair competition, and tort claims)), the parties’ relationship with each other and/or your use of our Games or other Services will be subject to the laws of the State of Wyoming, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you downloaded, accessed or commenced use of the Service that was subject to these terms. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Jackson, Wyoming to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.
22.1 If you have any questions about these terms or our Services you may contact us by email at email@example.com.