Privacy Policy & End-User License Agreement (EULA)

ToS

TERMS OF SERVICE AGREEMENT

EFFECTIVE AS OF APRIL 13, 2018

1. LICENSE

1.1. AGREEMENT TO TERMS

This Terms of Service Agreement (“Terms”) is a legally binding contract between you and Royal Cup LLC (hereinafter “ROYAL CUP” or “us” or “we”), and governs your use of ROYAL CUP’s website(s) (“Sites”), mobile applications (“Apps”), content, official social media pages, and products (collectively, our “Services”).

BY USING THIS SITE AND ANY OF OUR SERVICES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO ROYAL CUP’S PRIVACY POLICY WHICH IS AVAILABLE HERE AND INCORPORATED INTO THESE TERMS HERE BY REFERENCE. IF YOU ARE OUTSIDE OF THE UNITED STATES, YOU CONSENT TO LETTING ROYAL CUP TRANSFER, STORE AND PROCESS YOUR INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN THE UNITED STATES. IF YOU DON’T AGREE TO THE TERMS, YOU CAN’T USE ANY OF OUR SERVICES AND ARE PROHIBITED FROM FURTHER ACCESS.

End users of our Apps are also subject to ROYAL CUP’s End User License Agreement or EULA available here. Additional posted guidelines and conditions of use (“Conditions”) may be applicable to products or specific areas of the Services.

Important Notice: These Terms require the use of arbitration (Section 8 below) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1.2. UPDATES TO OUR TERMS, POLICIES OR CONDITIONS.

We can change these Terms, including our Privacy Policy and any Conditions, at any time. If a change is material, we’ll let you know by posting the amended Terms, Privacy Policy, or any Conditions on or within the Services, such as this page. It is your responsibility to periodically check the Terms of Service and Privacy Policy areas for changes. By using any of the Services on or after the Effective Date, as listed above, you agree to the updated Terms.

1.3. NO CHILDREN.

Our Services are directed to teenagers and adults and is not directed to children under the age of 16. You must be 16 years of age or older to use the Services. By using our Services, you affirm and represent that you are over 16. By using the Services, you represent and warrant that all information you submit is truthful and accurate. ROYAL CUP does not knowingly collect personal information from anyone under 16. If we learn that someone under 16 is using our Services, we’ll terminate their account. If you are between the ages of 16 and 17, you represent that your legal guardian has reviewed and agreed to these Terms and to our Privacy Policy.

1.4. LIMITED LICENSE TO USE THE SERVICES.

Subject to these Terms, ROYAL CUP grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations described in detail in these Terms to use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

1.4. LIMITED LICENSE TO USE VIRTUAL ITEMS ON THE SERVICES

You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”), you hold a limited license to use the Virtual Items in connection with your use of the Services only)”Limited License”). The amounts of any Virtual Item do not refer to any credit balance of real currency or any equivalent. The purchase and sale of the Limited License to use Virtual Items referred to in these Terms is a completed transaction upon receipt of your payment, redemption, or use of a third party virtual currency. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value. Prices and availability of Virtual Items are subject to change at any time without notice, and ROYAL CUP reserves the right to modify or eliminate any or all Virtual Items at any time with or without notice.

1.5. THIRD PARTY SERVICES

If you use our Apps or Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.

1.6. ACCOUNTS, USERNAMES, AND YOUR SECURITY RESPONSIBILITIES

You may be asked provide ROYAL CUP with certain personal information to establish an Account, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with ROYAL CUP’s Privacy Policy. You agree that you will supply accurate and complete information to ROYAL CUP, and that you will update that information promptly after it changes. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ROYAL CUP. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH ROYAL CUP WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

As part of the registration process you may be ROYAL CUP required to select a username and password. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity. You will be responsible for all activities occurring under your username and for keeping your password secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your password, you must immediately notify ROYAL CUP and modify your password Information;

We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. ROYAL CUP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights or is deemed by us to be offensive.

1.7. ACCESS RULES AND RESTRICTIONS

To ensure that everyone can enjoy the Services, we list a number of rules and restrictions that apply to your use of the Services and are a condition of your Limited License grant, including the following:

  • You must be 16 or over to use the Services.
  • You must restrict access to any account by children under the age of 16. You accept responsibility for any unauthorized use of the Services by minors in connection with your Account and are fully responsible for any use of your credit card or other payment instrument (e.g. Apple App Store, PayPal and Facebook Credits) by minors;
  • You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not use the Services if you have previously been removed by ROYAL CUP or previously been banned from playing any ROYAL CUP game;
  • You shall use the Services only for non-commercial purposes;
  • You shall not use the Services or your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
  • ou shall not use the Services or your Account to engage in any illegal conduct;

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ROYAL CUP GAME IS A VIOLATION OF ROYAL CUP POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

a. Engage in any act that ROYAL CUP deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;

b. Make improper use of ROYAL CUP’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or

c. Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

CHEATING AND HACKING
You agree that you will not, under any circumstances:

d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services or any ROYAL CUP game experience;

e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any ROYAL CUP game experience;

f. Without ROYAL CUP’s express written consent, modify or cause to be modified any files that are a part of the Services;

g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services or any ROYAL CUP game environment (each a “Server”); or (2) the enjoyment of the Services or any ROYAL CUP game by any other person;

h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services; or

i. Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by ROYAL CUP, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services;

OFFENSIVE OR INFRINGING CONTENT
You agree that you will not, under any circumstances:

j. Post any information that is abusive, threatening, bullying, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, in ROYAL CUP’s sole determination, including but especially directed at minors;

k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including ROYAL CUP employees, including ROYAL CUP’s customer service representatives; or

m. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a ROYAL CUP employee;

COMMERCIAL ACTIVITY
You agree that you will not, under any circumstances:

n. Without ROYAL CUP’s express written consent, use the Services or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

o. Use the Services or any part thereof for performing in-game services, such as leveling-up and item collection services, in exchange for payment outside the Services; or

p. Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE
You agree that you will not, under any circumstances:

q. Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;

r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services. ROYAL CUP may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

u. Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;

v. Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by ROYAL CUP;

w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by ROYAL CUP; or

x. Copy, modify or distribute rights or content from any ROYAL CUP site or game, or ROYAL CUP’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION
You agree that you will not, under any circumstances:

y. Solicit or attempt to solicit personal information from other users of the Services; Collect, harvest or post anyone’s private information, including personally information (whether in text, image or video form), identification documents, or financial information through the Service; or

z. upload or transmit or attempt to upload or transmit, without ROYAL CUP’s express permission, any material that acts as a passive or active information collection or transmission mechanism.

Without limiting the generality of the foregoing rules and restrictions, ROYAL CUP reserves the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of our Services;
  • Change, suspend, or discontinue all or any part of our Services;
  • Refuse, move, edit or remove any material, content or service area for any reason;
  • Deactivate or delete your account(s) and all related information and files in your account(s);
  • Establish general practices and limits concerning use of our sites and Services.

You agree that ROYAL CUP will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services. The above is not a complete list of restricted prohibited uses of the Service. Our Services are subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

1.8. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

WITHOUT LIMITING ANY OTHER REMEDIES, ROYAL CUP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ROYAL CUP SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ROYAL CUP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

1.9. OWNERSHIP

1.9.1. SERVICES AND ALL CONTENT CONTAINED THEREIN

The Services (including without limitation any Apps, content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using an App or ROYAL CUP game client, and the ROYAL CUP game clients and server software) are protected by trademark, copyright or other proprietary rights of ROYAL CUP. ROYAL CUP reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to ROYAL CUP a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sub-licensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.

1.9.2. ACCOUNTS

1.9.4. USER CONTENT

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a ROYAL CUP game client or the Services, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by ROYAL CUP in accordance with its Privacy Policy.

You own your User Content. You hereby grant ROYAL CUP and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use user posted content (except any content you submit in response to ROYAL CUP promotions and competitions or any other content specifically solicited by ROYAL CUP) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies.


2. USER CONTENT

2.1. CONTENT SCREENING

You are entirely responsible for all User Content you post or otherwise transmit via the Services. ROYAL CUP assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct. We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Services, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the Services or communications (including without limitation chat text and voice communications) when you are using the Services. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.

2.2. INFORMATION USE BY OTHER USERS OF THE SERVICE

2.2.1. PUBLIC DISCOURSE & UNSOLICITED IDEAS

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. ROYAL CUP cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. ROYAL CUP shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that ROYAL CUP (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.

ROYAL CUP IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.

2.2.2. RESPONSIBLE FOR YOUR OWN CONTENT

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and ROYAL CUP assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact our customer support department. ROYAL CUP may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of ROYAL CUP may violate these Terms. ROYAL CUP reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services.

2.3. DISCLOSURE

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce these Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

2.4. USER INTERACTIONS

2.4.1 MEMBER DISPUTES

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or ROYAL CUP games. ROYAL CUP reserves the right, but has no obligation, to become involved in any way with these disputes.

2.4.2 RELEASE

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”


3. FEES AND PURCHASE TERMS

3.1. PURCHASES

PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.

Your license to Virtual Items for use in ROYAL CUP games is a service provided by ROYAL CUP that commences upon acceptance by ROYAL CUP of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that ROYAL CUP will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from ROYAL CUP, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.

3.2. PAYMENT OF FEES

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. ROYAL CUP may revise the pricing for the goods and services it licenses to you through the Services at any time. YOU ACKNOWLEDGE THAT ROYAL CUP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.


4. THIRD PARTY ADVERTISING, LINKS, ENDORSEMENTS, SITES

4.1. THIRD PARTY ADVERTISEMENTS

You understand that the Services and ROYAL CUP games may feature advertisements from ROYAL CUP or third parties. ROYAL CUP’s disclosure of information for third party advertising is addressed in ROYAL CUP’s Privacy Policy.

4.2. ENDORSEMENTS AND LINKS TO THIRD PARTY SITES

ROYAL CUP MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES. THIS MEANS ROYAL CUP MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.

ROYAL CUP makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of ROYAL CUP and may collect data or solicit personal information from you. ROYAL CUP is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by ROYAL CUP of these linked sites. Any charges or obligations you incur in your dealings with these third parties are your responsibility.


5. COPYRIGHT NOTICES/COMPLAINTS

You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is ROYAL CUP’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in a ROYAL CUP game in a way that may constitute copyright infringement, you may provide notice of your claim to ROYAL CUP at the address listed below. For your notice to be effective, it must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located;
  4. Information reasonably sufficient to permit ROYAL CUP to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all copyright claim notices to: Royal Cup LLC, Attn: Legal, Royal Cup LLC 40320 Robin Street, Fremont, CA, 94538; [email protected].

If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to ROYAL CUP at the address indicated above setting forth the following items:

  1. An identification of the URLs or other unique identifying information or material that ROYAL CUP has removed or to which ROYAL CUP has disabled access;
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and use Alameda County, California, USA, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
  3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your physical or electronic signature.

ROYAL CUP reserves the right to terminate without notice any user’s access to the Services if that user is determined by ROYAL CUP, in its sole discretion, to be a “repeat infringer.” In addition, ROYAL CUP accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.


6. UPDATES TO THE SERVICES

You understand that the Service is an evolving one. ROYAL CUP may require that you accept updates to the Services and to ROYAL CUP’s games you have installed on your computer or mobile device. You acknowledge and agree that ROYAL CUP may update the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play ROYAL CUP’s games.


7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

7.1. DISCLAIMER OF WARRANTIES

ROYAL CUP PROVIDES YOU THESE SERVICES TO YOU ON AN AS IS AND AS AVAILABLE BASES. YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION.

THE SERVICES DON’T COME WITH ANY WARRANTY – EITHER EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT; PROVIDED THAT, TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER ROYAL CUP NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “ROYAL CUP PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7.2. WAIVERS AND LIMITATIONS OF LIABILITY

ROYAL CUP WON’T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USE OF THE SERVICES. THIS INCLUDES IF THE SERVICES ARE UNAVAILABLE AND ALL TYPES OF DAMAGES (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). IT ALSO INCLUDES ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER TYPE OF LOSS.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ROYAL CUP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEROYAL CUP TO HOLD THE ROYAL CUP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ROYAL CUP.

7.3. INDEMNIFICATION

You agree to indemnify, save, and hold ROYAL CUP, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. ROYAL CUP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ROYAL CUP, and you agree to cooperate with ROYAL CUP’s defense of these claims. ROYAL CUP will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.


8. DISPUTE RESOLUTION

8.1. ARBITRATION

If a dispute arises between you and ROYAL CUP, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and ROYAL CUP agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a “Claim”) through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

8.2. CHOICE OF LAW AND JURISDICTION

These Terms are governed by California law, without reference to its conflict of laws provisions. You agree to submit to the personal jurisdiction of Alameda County in connection with any dispute or arbitrator’s judgment.

8.3. IMPROPERLY FILED CLAIMS

All claims you bring against ROYAL CUP must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 8.1 or 8.2 shall be considered improperly filed. Should you file a claim contrary to Sections 8.1 or 8.2, ROYAL CUP shall be entitled to recover attorneys’ fees and costs up to $5,000, provided that ROYAL CUP has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.


9. SEVERABILITY

If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.


10. GENERAL PROVISIONS

In this agreement, “ROYAL CUP” means Royal Cup LLC, located at 40320 Robin Street, Fremont, CA 94538 USA. “ROYAL CUP” includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.

10.1. ASSIGNMENT

ROYAL CUP may assign or delegate these Terms and/or the ROYAL CUP Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without ROYAL CUP’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

10.2. SUPPLEMENTAL TERMS AND POLICIES

ROYAL CUP may publish additional terms policies related to specific services, such as the EULA governing the applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms.

10.3. ENTIRE AGREEMENT

These Terms (including any documents expressly incorporated by reference into them such as ROYAL CUP’S Privacy Policy), contain the whole agreement between ROYAL CUP and you.

10.4. LANGUAGE OF THE TERMS OF SERVICE

If we provide you with a translation of the English language version of these Terms, the ROYAL CUP Privacy Policy, the EULA or any other policy (collectively “ROYAL CUP Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the ROYAL CUP Policies.

In the event of a conflict between a translation of the ROYAL CUP Policies and the English version, the English version of the ROYAL CUP Policies will control.

10.5. NO WAIVER

If ROYAL CUP doesn’t exercise a particular right under these Terms, that doesn’t waive it. No representations, statements, consents, waivers, or other acts or omissions by ROYAL CUP shall be deemed a modification of these Terms nor be legally binding.

10.6. NOTICES

We may notify you via postings on www.royalcup.fun, and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms or the ROYAL CUP Privacy Policy shall be in writing and addressed to: Royal Cup, LLC 40320 Robin Street, Fremont, CA, 94538. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.7. EQUITABLE REMEDIES

Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, ROYAL CUP has the following equitable rights and remedies.

You acknowledge that the rights granted and obligations made under these Terms to ROYAL CUP are of a unique and irreplaceable nature, the loss of which shall irreparably harm ROYAL CUP and which cannot be replaced by monetary damages alone. Accordingly, ROYAL CUP shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any ROYAL CUP game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).

10.8. FORCE MAJEURE

ROYAL CUP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ROYAL CUP, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ROYAL CUP’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, labor or materials.

10.9. CONTACT INFO:

Questions? Let us know by sending email to [email protected]. or correspondence to Royal Cup, 40320 Robin Street, Fremont, CA 94538 USA

End-User License Agreement

ROYAL CUP LLC
END USER LICENSE AGREEMENT

EFFECTIVE AS of APRIL 27, 2018

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE APPLICATION OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, AS WELL AS ROYAL CUP’S PRIVACY POLICY AND OUR TERMS OF SERVICE WHICH ARE INCORPORATED HERE BY REFERENCE.

IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, OR ROYAL CUP’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE APPLICATION.

IMPORTANT NOTICES: THE APPLICATION CONTAINS THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE APPLICATION. SECTION 6 BELOW DISCUSSES THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE ONLINE BEHAVIOR AS WELL AS HOW IT IS SHARED BY ROYAL CUP AND THIRD PARTIES. THIS END USER LICENSE AGREEMENT REQUIRES THE USE OF ARBITRATION (SECTIONS 16 AND 17 BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.

  1.   No Children.    Our Application are available for license for teenagers and adults only and are not accessible to children under the age of 16. You must be 16 years of age or older to use the Applications. By using our Applications, you affirm and represent that you are over 16. See our Terms of Service for additional information about accessing accounts and other services.
  2.   Grant of License.   Subject to the terms and conditions of this End User License Agreement (“Agreement”), ROYAL CUP grants you a limited, non-exclusive license to install and use the Application for personal, non-commercial purposes on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you install or otherwise use the Application. For clarity, rights to the Application are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement.
  3.   License Limitations.   Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by ROYAL CUP. Unless expressly authorized by ROYAL CUP, you are prohibited from making any copies of the Application available on a network where it could be used or downloaded by multiple users.
  4.   Rights Reserved.   Except as expressly licensed to you herein, ROYAL CUP reserves all right, title and interest in the Application and all materials and content embodied or accessible therein (including but not limited to all characters, images, photographs, animations, video, music, text, structure, organization, and code), and all associated copyrights, trademarks, and other intellectual property rights. The Application is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect ROYAL CUP’s copyright and other ownership interests in all items in the Application. You may not decompile, disassemble, or reverse-engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure ROYAL CUP’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Application or related assets.
  5.   Updates and Support.   You agree that the Application may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that ROYAL CUP may have to support the previous version of the Application may end upon the Application becoming available inclusive of the update, upgrade or implementation of additional features.
  6.   User Contributions.   In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to ROYAL CUP exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to ROYAL CUP an irrevocable, exclusive, worldwide, fully-paid, royalty-free, transferable, sub-licenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, and agree not to use such contributions yourself or to any third party’s benefit. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions.
  7.   User Data and Data Transfer.   To facilitate product support, product development and improvement as well as other services to you, you agree that ROYAL CUP or other third parties may use cookies, web beacons and other analytic technologies to collect, use, store and transmit non-personally identifiable technical and related information regarding your device (including unique device ID or UDID), IP address, geo-location, device make and model, operating system, software and applications, including application usage data (collectively, “tracking technologies”). By accessing or using tracking technologies, ROYAL CUP or a third party may track usage of an Application and also provide you with advertisements that are sent to you based on the usage data collected. In addition, ROYAL CUP and/or third parties may collect, store, use and transmit non-personally identifiable Application data, session data, browser identifiers, carrier information as well as online and Application usage metrics, statistics and/or analytics. Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy. You should review the privacy policy for each such third party. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application. ROYAL CUP does not guarantee that all third parties that may collect information about you via this Application have an opt-out for behavioral tracking. For data collected by or transferred to ROYAL CUP, ROYAL CUP may collect, use, store, share and transmit this information to third parties in a form that does not personally identify you in accordance with ROYAL CUP’s Privacy Policy located at www.royalcup.fun/privacy_eula. Personal information collected from or submitted by you through an Application may be transferred to and stored on servers and equipment located the USA. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom ROYAL CUP has contracted to receive, store and process your personal information. In addition, ROYAL CUP and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through an Application, you agree to the transfer, storage and processing of your personal information as described in this section and in ROYAL CUP’s Privacy Policy.
  8.   Term and Termination.   This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Your rights under this Agreement will terminate automatically without notice from ROYAL CUP if you fail to comply with any terms of this Agreement. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. Upon termination for any reason, you must immediately cease using the Application, destroy all copies of the Application within your possession or control and, promptly upon ROYAL CUP’s request, certify to ROYAL CUP that you have done so. Paragraphs 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of this Agreement shall survive any termination or expiration of this Agreement.
  9.   Changes to the Agreement.   ROYAL CUP reserves the right, at its sole discretion, to change any of the terms and conditions of this Agreement. ROYAL CUP may post a notice of such changes on its website pursuant to the Notice provision below. Please review the Agreement frequently either via the About section in your Application or by visiting www.royalcup.com/eula. Your continued use of our Apps will signify your acceptance of the changes to this Agreement.
  10.   Notice.   In accordance with provisions in this Agreement requiring that ROYAL CUP give notice to you, ROYAL CUP will do so by means of a general notice on its website or email to your email address on record in your account (if you have created an account) at ROYAL CUP’s discretion. If you are required under this Agreement to give notice to ROYAL CUP, you can do so by means of email to: [email protected] or by first class mail, postage prepaid, or overnight courier to: Royal Cup, LLC, Attention Legal, 40320 Robin Street, Fremont, CA 94538 USA.
  11.   NO WARRANTY.   TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS.” NEITHER ROYAL CUP, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APPLICATION, ANY MATERIALS IN THE APPLICATION OR ANY OTHER ROYAL CUP PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE APPLICATION WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROYAL CUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. [ROYAL CUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE APPLICATION.
  12.   LIMITATION OF LIABILITY.   NEITHER ROYAL CUP, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APPLICATION, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF ROYAL CUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE APPLICATION; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ROYAL CUP OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL ROYAL CUP, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APPLICATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ROYAL CUP’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
  13.   Warranties Material.   You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that ROYAL CUP would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
  14.   Fees and Costs.   YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE APPLICATION. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. Any and all fees or costs that you may incur in connection with accessing and/or using the Application or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of ROYAL CUP or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Application may apply. ROYAL CUP does not guarantee that this Application can be accessed on all devices or wireless service plans. ROYAL CUP does not guarantee that this Application is available in all geographic locations.
  15.   Indemnity.   You agree to defend, indemnify and hold harmless ROYAL CUP, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
  16.   Export Restrictions.   The Application is subject to United States export controls. No software from the Application may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  17.   Dispute Resolution.   Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Alameda County, in the State of California, USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, ROYAL CUP may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which ROYAL CUP or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or on your behalf, ROYAL CUP would be irreparably damaged if this Agreement were not specially enforced and, as such, you agree that ROYAL CUP shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Application. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this Agreement or the Application to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND ROYAL CUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ROYAL CUP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  18.   JURY WAIVER.   THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  19.   Miscellaneous.   This Agreement is governed by the laws of California and the United States without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of ROYAL CUP. Any attempted assignment without such consent shall be void. ROYAL CUP may freely assign this Agreement in its sole discretion. This Agreement constitutes the entire understanding and agreement between you and ROYAL CUP with respect to the Application, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.
  20.   Contact.   If you have any questions about this Agreement, or if you want to contact ROYAL CUP for any reason, please direct all email to [email protected]
    and all written correspondence to: Royal Cup, LLC, Attention Legal, 40320 Robin Street, Fremont, CA 94538 USA