Ricky Road: The open-source gaming community

Ricky Road Inc. (“Ricky Road”) would like to thank you for visiting our website. This document contains the terms of use for your visit and stay at www.rickyroad.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by Ricky Road (collectively, the "Website").

1. Legal Agreement

By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy (http://www.rickyroad.com/policy/privacy) and any end-user license agreement applicable to our games, as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean Ricky Road, Inc. "You/your" means you as a user of the Website or any of our games. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction.

You understand that the services being offered may include certain communications from Ricky Road, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you have the right to opt out of receiving them.

Ricky Road may amend this Agreement, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms. Ricky Road is the owner of the Website. Your use of the Website is subject at all times to this Agreement, the Privacy Policy and any end-user license agreement applicable to our games. All user identities created on the Website are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any end-user license agreement that may accompanied the Ricky Road software (the "EULA") and to which the Ricky Road software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ricky Road services, affiliate services, third-party content or third-party software. All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by Ricky Road or have been licensed to Ricky Road.

2. Description of Service

Ricky Road, Inc. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that Ricky Road is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. Ricky Road does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

3. Account

You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 13 years of age or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account. Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to acess such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to acess such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder. When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy. You, as creator of your User ID, are completely responsible for your identity.

Ricky Road will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID. Ricky Road is not responsible for any misuse of your User ID, you agree to hold Ricky Road and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.

4. Privacy

Our Privacy Policy, which covers the usage and protection of your personal information, is published on the Website, currently at http://www.rickyroad.com/policy/privacy, and is incorporated herein by this reference.

5. License to Use

Subject to the terms of this Agreement and any applicable EULA, Ricky Road grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.

NEITHER RICKY ROAD NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. 

The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.

6. User Submissions

"Submissions" means all text, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to Ricky Road regarding the games and services of Ricky Road or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of Ricky Road upon submission. You agree to assign and grant to Ricky Road an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you. You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not Ricky Road, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. Ricky Road shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website. All materials published in forums, chat rooms and similar venues on the Website are considered public. Therefore, Ricky Road strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, Ricky Road does not pre-screen or monitor any Submissions. However, Ricky Road reserves the right to screen, refuse or move any Submission that is available via the Website.

Ricky Road has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof. Except as expressly stated and agreed upon in advance by Ricky Road, no confidential relationship will be established in the event any user of this Website should make any oral, written or electronic communication to Ricky Road (such as feedback, questions, comments, suggestions, ideas, etc.). If any Ricky Road Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Ricky Road shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Ricky Road will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information.

You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

7. User Conduct

You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. Ricky Road will not tolerate any illegal or offensive conduct. You agree not to take any of the following actions: (a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Harm minors in any way; (c) Impersonate any person or entity, including, but not limited to, a Ricky Road official, game master or guide, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website; (e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships; (f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (h) Upload, post, e-mail, transmit or otherwise make available any material that 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; (i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (j) "Stalk" or otherwise harass another; (k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above; (l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or Ricky Road employees; (m) Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, or the Privacy Policy; and/or (n) Take any action that may prohibit other users from enjoying the services of the Website or games.

Ricky Road may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within Ricky Road's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by Ricky Road's determination as to whether a violation has occurred and any penalty we choose to implement.

8. Third Party Sites

Clicking a hyperlink may direct you away from the Website. Ricky Road does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. Ricky Road therefore strongly recommends that you inform yourself regarding the practices of third party websites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ricky Road shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

9. Official Service and Beta Testing

You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by Ricky Road, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. 

You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.  You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below. 

As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied. When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) these terms apply to your use of the games during the testing phase.

10. Fees

Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Ricky Road may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but Ricky Road will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges. You may pay for any applicable fees and charges by major credit card, PayPal® or other such methods authorized by Ricky Road.

11. Interruption of Service

(a) Ricky Road reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Ricky Road will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (b) You acknowledge that the Services may be interrupted for reasons beyond the control of Ricky Road, and Ricky Road cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. Ricky Road shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (c) Ricky Road has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion. (d) Ricky Road is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b).

12. Disciplinary Action/Account Termination

RICKY ROAD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE. Ricky Road can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of Ricky Road.

For the avoidance of doubt, you herby acknowledge that Ricky Road has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account.

If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation. You have the right to terminate or cancel your Account at any time by delivering notice to Ricky Road. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Ricky Road’s enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You may cancel your User ID by delivering notice to Ricky Road. Ricky Road reserves the right to collect accrued fees and charges and costs incurred by Ricky Road before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before Ricky Road may allow you to register again.

13. Indemnification

At Ricky Road’s request, you agree to defend, indemnify and hold harmless (a) Ricky Road, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.

14. Acknowledgements

You hereby acknowledge and agree that: (a) Ricky Road may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a <em>written request by law enforcement, a court order or other legal process</em>. Ricky Road may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others. (d) RICKY ROAD MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING. (e) You may not hold Ricky Road responsible for any loss resulting from in- game trading activitities. You may not hold Ricky Road responsible for any information that is passed between players. Ricky Road does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold Ricky Road responsible for any in-game feature or item loss. Ricky Road does not guarantee the availability of any in-game items, any Services or any levels to players.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS. RICKY ROAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) RICKY ROAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RICKY ROAD OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. (e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RICKY ROAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RICKY ROAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Ricky Road’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that Ricky Road cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.

17. General

This Agreement is governed by and shall be construed and enforced under the laws of the State of South Dakota, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Ricky Road and you each hereby irrevocably consent to the jurisdiction of the courts of the State of South Dakota for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the federal or state courts of Minnehaha County, State of South Dakota. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void.

This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Ricky Road shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Ricky Road. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement is the complete and exclusive statement of the agreement between you and Ricky Road Inc concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Ricky Road; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

18. Closing

Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests.