PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THESE TERMS OF SERVICE BELOW, OR BY USING THE WWW.ROBERTSSPACEINDUSTRIES.COM WEBSITE AND RELATED WEBPAGES (THE “WEBSITE”) OR RSI SERVICES OR ANY OF THE CONTENT MADE AVAILABLE VIA THE WEBSITE OR THE GAME LAUNCHER. YOU AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TERMS OF SERVICE AND IMMEDIATELY CEASE USING THE RSI SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS THE RSI SERVICES (OR ANY PART THEREOF).
II. Contacting Us
The RSI Services are made available to you by Robert Space Industries Corp., a company registered in California, USA, and located at 12322 Exposition Blvd., Los Angeles, California 90064 (“RSI”, “we”, “us”, “our”). If you would like to contact us or make a complaint about any of the RSI Services, please contact us by mail at the foregoing address or via email: email@example.com.
III. Privacy & Data Collection
IV. RSI Account
An RSI Account (“Account”) may be required to access and use some RSI Services. If you have questions about Account registration, please contact us at firstname.lastname@example.org. You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the RSI Services.
Only “natural persons”, as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall have the privilege of establishing an Account. By entering into these Terms of Service and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these Terms of Service on behalf of yourself and, at your discretion, any other person (including, but not limited to, any minor children for whom you are the parent or legal guardian) whom you have authorized to play the Game using your Account. You further agree that you are solely responsible and entirely liable for all activities conducted through the authorized use of your Account, and you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Service and any and all other RSI Terms.
THE RSI SERVICES ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DO WE KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU HAVE ALLOWED YOUR CHILD TO ACCESS ANY OF THE RSI SERVICES, PLEASE ENSURE THAT, IF YOUR CHILD IS UNDER 13 YEARS OF AGE, THEY DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US.
To create an Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the RSI Service for which you are registering. Some RSI Services may require creation of a “user name”, “handle”, or a “community moniker”. User names, handles, and community monikers are tied to your Account. They may not be vulgar or offensive, nor violate anybody’s trademark or similar rights, or otherwise violate any of the RSI Terms. You may not use a user name or handle that is used by someone else. RSI reserves the right to block or remove any user name, handle, community moniker or “persona”, if the use thereof violates any RSI Terms, laws or regulations, including, without limitation, personality rights, rights of privacy, or trademarks.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account’s access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
V. Rules of Conduct.
You must not use the Website, the Game or any of the other RSI Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. The foregoing shall apply to any behavior or conduct on, or in connection with, the Website, the Game, and/or any other RSI Services, and shall include, by way of example, the following actions:
- Post, transmit, promote, or distribute any UGC (as defined in Section XIII below) that is illegal.
- Transmit, distribute, or facilitate the distribution of any UGC (as defined in Section XIII below) that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, or which you do not own or for which you do not have permission to freely distribute.
- Harass, threaten, or direct inappropriate activity at any users of RSI Services or any employee, partner, or contractor of RSI and its affiliates. This includes, for example, making personal attacks or threats of physical violence, repeated ‘spamming’ or sending of unwanted messages, discriminatory statements, doxxing, swatting, cyberbullying, and stalking.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text) or use of any other methods to disrupt the flow of chat in chat rooms.
- Impersonate another person (including celebrities), indicate falsely or misleadingly that you are an RSI employee or a representative of RSI or any of RSI’s partners or affiliates.
- Attempt to get a password, Account information, or other private information from anyone else on the RSI Services.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to RSI staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the RSI Services that RSI does not specifically authorize you to modify.
- Post or communicate any other user’s real-world personal information using any of the RSI Services.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for any of the RSI Services.
- Attempt to use RSI Software (as defined in Section XIII below) on or through any service that is not controlled or authorized by us.
- Exploit the Game (or any part thereof) or any of the other RSI Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
- Post any messages to, or otherwise attempt via any of the RSI Services (or otherwise) to trade or sell physical or digital Merchandise, such as ships, “insurance benefits,” Game credits or other accrued Game benefits offered by RSI.
- Interfere with the ability of others to enjoy playing a RSI Service or take actions that interfere with or materially increase the cost to provide a RSI Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of the RSI Services.
- Sell or offer for sale, communicate to the public or otherwise distribute the Game or your Account to any third party, or to transfer the Game or your Account other than through means permitted by RSI (such as gifting within RSI’s system).
- Facilitate, create or maintain any unauthorized connection to any of the RSI Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website or the Game; and (b) any connection using programs or tools not expressly approved by RSI;
- Use automated measures like “bots” while using and/or playing any of the RSI Services, especially for “gold farming”.
- Attempt to fake or mask the jurisdiction you are located in (e.g. by proxy servers etc.).
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the RSI Services (whether or not such third parties are registered users of the RSI Services) and for the employees and representatives of RSI and its affiliates and contractors.
You must also obey all national and local laws, regulations and rules that apply to your activities when you use the RSI Services. RSI reserves the right to suspend the use of your Account and terminate your Account after notice of breach and to prevent your use of any and all RSI Services if your Account is used to engage in illegal activity or in violation of these Terms of Service.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to RSI by contacting email@example.com.
VI. Charges & Billing
We reserve the right to change our prices, fees, or billing methods at any time. If we elect to do so, we will notify you of the relevant change by email or by posting a notice on the relevant RSI Service at least thirty (30) days in advance of the relevant change taking effect.
VII. Fundraising & Pledges
RSI is raising funds for the Game. You may select one or more of the pledges offered on the Website, or through RSI’s customer service, and pay the indicated amount(s) (“Pledge”) in accordance with the following terms agreed between you and RSI.
- Your Pledge is a deposit to be used for (a) the production and delivery cost for the relevant pledge items (“Pledge Item Cost”), and (b) the development and production cost of the Game, including the costs of operating and hosting the Game, the Website and the other RSI Services, and RSI’s corporate expenses associated with the foregoing (the “Game Cost”).
- The Pledge shall be earned by RSI and become non-refundable to the extent that it is used for the Pledge Item Cost and/or the Game Cost, with your Pledge being applied as follows: first to the Pledge Item Cost, and then on a pro rata pari passu basis with all other contributors whose deposits have been deducted by the relevant Pledge Item Cost, to the Game Cost.
- RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date communicated to you on the Website. However, you acknowledge and agree that delivery as of such date is not a firm promise and may be extended by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has ceased development and failed to deliver the relevant pledge items and/or the Game to you. (Pledges made under previous Terms of Services continue to be governed by the corresponding clause of the Terms of Services, or of the Commercial Terms, as applicable, which were in effect at the time of making the Pledge).
- For the avoidance of doubt, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items. In the unlikely event that RSI is not able to deliver the Game and/or the pledge items, RSI agrees to refund any unearned portion of your Pledge, and to post an audited cost accounting on the Website to fully explain the use of the amounts paid for Pledge Item Cost and the Game Cost. In consideration of the promises by RSI hereunder, you agree that you shall irrevocably waive any claim for refund of any Pledge that has been used for the Game Cost and Pledge Item Cost in accordance with the above.
- Once RSI has delivered all pledge items to you and the Game has been commercially released to the public, all your payments for any RSI Services until such time shall become, and any payments thereafter shall be, non-refundable.
- You acknowledge and agree that the Game and the pledge items delivered to you may differ in certain aspects from the description of the Game and those pledge items that was available on the Website at the time of your Pledge.
- For the avoidance of doubt, all payments for items delivered immediately or soon after purchase, such as recurring website subscriptions or alpha passes, are not covered by this Section VII, but by Section VIII below. Merchandise is defined and covered by Section IX below.
VIII. Paid Subscription Services
If you pay a recurring (e.g. monthly) subscription for an RSI Service, RSI will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by email. Your continued use of the RSI Services thirty (30) days or more after the date on which we notified you by email of the relevant changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of RSI Services is subject to use or sales tax, then RSI may also charge you for any such taxes, in addition to the subscription or other fees.
By agreeing to these Terms of Service and purchasing a recurring subscription, you will have agreed to permit RSI to automatically renew your subscription to the relevant RSI Service on the relevant renewal date by charging a valid credit card number which you have provided to RSI with an amount equal to RSI’s applicable then-current subscription fee, excluding any promotional and discount pricing, unless and until you cancel your subscription.
You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using RSI Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
The following terms and conditions will apply to any physical Merchandise (e.g. T-shirts, notepads, ship models, etc.) (“Merchandise”) you purchase from us via the Website.
We have the right at any time, prior to our acceptance of your order (as described below), to withdraw any discount and/or to revise the prices set out on our Website to take into account increases in the costs of manufacturing, handling or shipping the Merchandise available on our Website or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to on our Website are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below). We reserve the right to notify you of any mistakes in any Merchandise descriptions or errors in pricing prior to dispatching the Merchandise you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandise, you acknowledge that such Merchandise will be provided in accordance with such revised description or price.
When you place an order for Merchandise on our Website we will send you an order confirmation email. Our acceptance of your order does not take place until dispatch of the Merchandise you have ordered, at which point we will have agreed to enter into a contract with you for the purchase of the Merchandise you have ordered and you will be charged for the purchase price of such Merchandise.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before clicking the ‘PLACE ORDER & PAY’ button.
We will use our reasonable endeavors to ensure that the Merchandise are delivered to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from the date on which you have received your order confirmation email. Title and risk in respect of the Merchandise you have ordered will pass from us to you once those Merchandise are delivered to the delivery address stated in your order.
You hereby acknowledge and agree that: (a) Merchandise is shipped to you from the nearest facility available to RSI, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are: (i) payable on the Merchandise you have ordered; and (ii) set out on your order.
X. Payment Options and Information
You may make payments on the RSI Services by using the methods available for the particular RSI Service and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by RSI Service. When you provide credit card or other payment information to RSI, you represent to RSI that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. RSI does not receive any confidential payment data from its payment providers, and RSI is not responsible for their performance. You must promptly update all information with the relevant payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify RSI if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at firstname.lastname@example.org
Customers who use a payment method other than a credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. RSI reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account under your authorization, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations (including FinCEN), any refunds may only be made to the same payment method (credit card, Paypal or bank account), from which the payment was received and may in no event exceed the amount of the payment received by RSI. Any refunds will exclude the value of any pledge items or Merchandise already delivered as well as the value associated with any pledges gifted or transferred by you to other account(s) or received on your Account from other account(s). Any taxes paid, such as VAT, are not refundable beyond 30 (thirty) days after the purchase.
You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your Account. You acknowledge that such electronic invoicing is not unsolicited commercial email and that these invoices require no subscription to any mailing list for receipt by you.
XI. Virtual Goods
Virtual Goods are game elements such as ships, characters, or attributes (such as “reputation” or “citizenship”), items such as “ship insurance,” points, and credits (collectively, “Virtual Goods”). All Virtual Goods remain the property of RSI at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by the RSI Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from RSI at any time. The foregoing applies also with respect to RSI’s permission to transfer such limited license in Virtual Goods to other users via “gifting.” In compliance with applicable FinCEN regulation, gifting is limited to a daily maximum of Virtual Goods purchased for $1000 or less.
RSI permits the Virtual Goods associated with a Pledge to be transferred via gift to another Account, and the transfer is complete once the receiving Account has accepted it. The sending Account is not deemed to have received anything in return for the gift. To prevent fraud and abuse, Virtual Goods acquired in whole or in part through the use of store credit or in-game credit or assets are ineligible for gifting, and in any case each Virtual Goods may be gifted only once and thereafter is no longer eligible for gifting. Newly created Accounts are not permitted to gift away Virtual Goods for a period of 30 calendar days. The RSI Services and the gifting functionality are not provided to facilitate or enable third-party trades and you are not entitled to any refunds or support by RSI or any of its affiliates in the event that you have an issue with any trade involving a third party.
XII. Third Party Web sites and Vendors
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to RSI. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
We make no warranties or representations whatsoever about any third party web sites which you may access through any of the RSI Services or any services that are provided by any such third party web sites. Third party web sites are in no way approved, vetted, checked or endorsed by us and you agree that we will not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party web sites. Links to such third party web sites do not necessarily imply that we or any of the RSI Services are affiliated to or associated with such third party web sites or the operators of such third party web sites. If you decide to visit any third party web site, you do so at your own risk. In addition, your use of any third party web site may be subject to your acceptance of such third party web site’s own terms and conditions, which we suggest you read carefully before proceeding.