Registration Terms

TERMS AND CONDITIONS FOR MOUNTAIN INTERACTIVE

Last Updated: October 4th, 2024

IMPORTANT NOTICE: THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ IT IN ITS ENTIRETY.

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR BY DOWNLOADING, ACCESSING, OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING ALL DOCUMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AND MUST IMMEDIATELY CEASE DOING SO.

THIS AGREEMENT CONTAINS PROVISIONS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION:

(I) A MANDATORY BINDING ARBITRATION CLAUSE (SECTION 11): THIS REQUIRES YOU TO SUBMIT NEARLY ALL DISPUTES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION.

(II) A WAIVER OF YOUR RIGHT TO A JURY TRIAL (SECTION 11): YOU ARE GIVING UP YOUR RIGHT TO HAVE A DISPUTE DECIDED IN A COURT OF LAW BY A JUDGE OR JURY.

(III) AN IRREVOCABLE WAIVER OF YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION (SECTION 11): YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

(IV) A LIMITED REFUND POLICY AND A WAIVER OF IMPROPER PAYMENT CHARGEBACKS (SECTION 6): THIS GOVERNS YOUR ABILITY TO RECEIVE REFUNDS AND YOUR OBLIGATIONS REGARDING PAYMENT DISPUTES.

(V) SIGNIFICANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON OUR LIABILITY (SECTION 10): THIS SUBSTANTIALLY LIMITS OUR LIABILITY TO YOU.

(VI) A ONE-YEAR STATUTE OF LIMITATIONS ON ALL CLAIMS (SECTION 11): THIS STRICTLY LIMITS THE TIME YOU HAVE TO INITIATE ANY DISPUTE.

This Terms and Conditions document and all documents incorporated herein by reference, including but not limited to our Privacy Policy and any official Code of Conduct (collectively, the “Agreement”), constitute a legally binding contract between the individual or entity accessing the Services (“User,” “you,” or “your”) and Mountain Interactive (“Operator,” “we,” “us,” or “our”). This Agreement governs your access to, use of, and all interactions with any and all Mountain Interactive websites, software, mobile applications, games, digital products, virtual items, application programming interfaces (APIs), downloadable content, forums, and other services offered now or in the future by the Operator (collectively, the “Services”).

1. SCOPE OF SERVICES AND ACCEPTANCE OF AGREEMENT

1.1. The Services. The Services are provided by the Operator and are intended solely for your personal, non-commercial entertainment. You acknowledge that the Services are an evolving platform. We reserve the right, in our sole and absolute discretion, to change, modify, update, suspend, or discontinue any and all features, content, or specifications of the Services at any time, with or without notice and without any liability to you.

1.2. Agreement Supremacy. This Agreement constitutes the entire and exclusive understanding between you and us, superseding any and all prior oral or written agreements or understandings between you and the Operator.

1.3. Equipment and Costs. You are solely responsible for providing, at your own expense, all equipment, software (other than the software we provide), and internet or mobile access necessary to use the Services. You are also responsible for all fees charged by third parties in connection with your use of the Services (e.g., internet service provider, mobile carrier, or data plan fees).

1.4. Service Availability. You acknowledge and agree that access to the Services is not guaranteed to be continuous, uninterrupted, or error-free. The Services may be unavailable for scheduled or emergency maintenance, for reasons beyond our reasonable control (Force Majeure events), or for any other business reason. To the fullest extent permitted by applicable law, we will have no liability to you for any inability to access or use the Services.

1.5. Relationship with Third-Party Platforms. You acknowledge that our Services operate on or may integrate with third-party platforms, including but not limited to Roblox and Discord. Mountain Interactive is an independent entity. We are not affiliated with, endorsed by, or in any way officially connected with the Roblox Corporation (Roblox.com) or Discord Inc. (Discord.com). The names Roblox and Discord, as well as any related names, marks, emblems, and images, are registered trademarks of their respective owners. We do not own or claim any rights to these trademarks.

2. USER ACCOUNTS

2.1. Account Creation and Eligibility. To access most features of the Services, you must register for an account. By creating an account, you represent and warrant that: (a) all information you submit is truthful and accurate, and you will maintain its accuracy; (b) you are at least thirteen (13) years of age; and (c) your use of the Services does not violate any applicable law or regulation.

2.2. Parental and Guardian Liability. If you are between the ages of thirteen (13) and eighteen (18) (or the age of legal majority in your jurisdiction), you may only use the Services with the express consent and active supervision of a parent or legal guardian. The parent or legal guardian is personally and fully bound by this Agreement and is held jointly and severally liable for all acts, omissions, and financial obligations of the minor. By permitting a minor to use the Services, you, as the parent or guardian, agree to defend, indemnify, and hold the Operator harmless from any claims arising from the minor's use of the Services.

2.3. Account Security. You are responsible for maintaining the confidentiality of your account password and are strictly prohibited from sharing, selling, or otherwise transferring your account to any other person or entity. You are solely and exclusively responsible for any and all activities that occur under your account, whether or not authorized by you. You must notify us immediately of any unauthorized use of your account or any other breach of security.

2.4. Account Suspension and Termination.

(a) Termination by Operator for Cause. We reserve the right, in our sole and final discretion, to suspend or permanently terminate your account and your access to the Services, in whole or in part, without prior notice or liability, for any conduct that we deem to be a breach of this Agreement or otherwise harmful to the Services or our community. Such conduct includes, but is not limited to: (i) violating the Code of Conduct; (ii) providing false registration information; (iii) infringing intellectual property rights; (iv) initiating an improper chargeback; (v) harassing other users or our staff; or (vi) using cheats, exploits, or any unauthorized means to interact with the Services. If your account is terminated for cause, you will immediately forfeit all rights to your account, including any pre-paid subscription time, Perks, and in-game currency, and you will not be entitled to any refund or compensation whatsoever.

(b) Termination by Operator for Convenience. We reserve the right to terminate your account for any other reason or no reason at our convenience (e.g., as a result of discontinuing a Service). If we terminate your account for convenience, our sole liability will be to provide you with a prorated refund for any unused, pre-paid subscription fees.

(c) Termination by User. You may terminate your account at any time. Termination by you will not entitle you to any refund for any unused subscription terms or Perks.

2.5. Account Inactivity. We reserve the right to terminate any account that has been inactive for a period of 180 days or more.

3. INTELLECTUAL PROPERTY AND END USER LICENSE AGREEMENT (EULA)

3.1. Ownership. You acknowledge and agree that all content, software (in both source and object code), images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the "look and feel" of the Services, and all intellectual property rights related thereto (the “Operator Content”), are either owned or licensed by the Operator. Use of the Operator Content for any purpose not expressly permitted by this Agreement is strictly prohibited. All rights not expressly granted herein are reserved by the Operator and its licensors.

3.2. Limited License Grant. The Services, and all software components thereof, are licensed, not sold, to you. Subject to your strict and ongoing compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, personal, and revocable license to install and use one copy of the software on a device that you own or control, for your personal, non-commercial entertainment purposes only.

3.3. License Restrictions. The license granted herein is conditioned upon your adherence to the following restrictions. You shall not, and shall not permit or assist others to:

(a) Commercial Use: Use, sell, lease, rent, broadcast, or otherwise exploit the Services or any Operator Content for any commercial purpose.

(b) Technical Misuse: Modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services or create derivative works thereof.

(c) Unauthorized Connections: Use, or facilitate the use of, any unauthorized third-party software that interacts with or intercepts data from the Services, including but not limited to cheats, bots, hacks, mods, or automation software.

(d) Data Mining: Use any unauthorized process or software to scrape, collect, or mine data from the Services.

(e) Proprietary Notices: Remove, alter, or obscure any copyright, trademark, patent, or other proprietary rights notices contained within the Services.

4. DONATIONS AND IN-GAME PERKS

4.1. Nature of Donations and Perks. The Services provide you with the opportunity to make voluntary financial contributions, which are considered "donations," to support the community. In appreciation for these donations, we may, at our sole discretion, provide you with access to certain revocable in-game perks, which may include fictional virtual goods, items, points, credits, or currency ("Perks"). You acknowledge and agree that these Perks have no real-world monetary value, are not personal property, and cannot be redeemed, sold, or exchanged for "real world" money or items of monetary value from us or any third party. The availability of any Perks is subject to change without notice.

4.2. Limited License to Perks. Your receipt of Perks following a donation grants you only a limited, non-transferable, non-sublicensable, personal, and revocable license to use those Perks within the Services. You have no ownership, title, or other property interest in any Perks you acquire. This license is conditioned upon your compliance with this Agreement and will terminate automatically upon the termination of your account.

4.3. Prohibition on Unsanctioned Transfers. Any attempt to sell, trade, gift, or otherwise transfer Perks or your account outside of the official mechanisms provided within the Services is strictly prohibited and a material breach of this Agreement, which may result in the immediate termination of your account for cause.

4.4. Operator's Right to Manage. We reserve the right, in our sole and absolute discretion, to manage, regulate, control, modify, re-price, or eliminate any and all Perks at any time, with or without notice. The Operator shall have no liability to you or any third party for the exercise of such rights, including for any perceived loss of value of your Perks.

5. USER-GENERATED CONTENT (UGC) AND FEEDBACK

5.1. Responsibility for UGC. You are solely and exclusively responsible for any content, including text, images, communications, in-game creations, or modifications you create, upload, or transmit (“UGC”). You represent and warrant that your UGC: (a) is owned by you or you have all necessary rights to grant the license below; (b) does not infringe upon any third-party rights (including copyright, trademark, privacy, or publicity rights); and (c) does not violate any law or our Code of Conduct.

5.2. License Grant to Operator. By submitting UGC, you grant the Operator a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, store, reproduce, modify, create derivative works from, publicly perform, publicly display, distribute, and otherwise exploit your UGC in any and all media or formats, now known or hereafter developed, for any purpose whatsoever, including for commercial, advertising, and promotional purposes, without any notice, approval, or compensation due to you. This license survives the termination of your account.

5.3. Waiver of Rights. By posting UGC, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such UGC. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights in connection with your UGC.

5.4. Feedback. Any suggestions, ideas, or feedback you provide to us regarding the Services (“Feedback”) shall be our sole and exclusive property. You hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback, and waive any moral rights you may have in such Feedback.

6. FINANCIAL TERMS, DONATIONS, AND SUBSCRIPTIONS

6.1. Donation Authorization. By choosing to make a donation, you authorize us and our designated third-party payment processors to charge your chosen payment method for the amount you specify. You are responsible for all charges incurred under your account, including any applicable taxes. All donations are voluntary.

6.2. Subscriptions and Auto-Renewal. If your donation is for a recurring subscription, you authorize us to charge your payment method automatically at the start of each billing period. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE ORIGINAL TERM UNTIL YOU CANCEL IT. You may cancel your subscription at any time through your account settings. Your cancellation will be effective at the end of the current billing period, and you will not be refunded for the current term.

6.3. Refund Policy. YOU ACKNOWLEDGE AND AGREE THAT ALL PAYMENTS AND DONATIONS ARE FINAL AND NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW. No refunds, credits, or returns will be issued for user dissatisfaction, accidental donations, or account termination for cause.

6.4. Improper Chargebacks and Liquidated Damages. You agree not to initiate a chargeback or payment reversal except in cases of legitimate, unauthorized fraud on your payment account. Initiating an improper chargeback is a material breach of this Agreement. You agree that the actual damages resulting from an improper chargeback are difficult to quantify. Therefore, you agree to pay the Operator liquidated damages in the amount of Two Hundred Fifty U.S. Dollars ($250.00) per improper chargeback, in addition to the full amount of the original transaction. You acknowledge that this amount is a reasonable pre-estimate of our damages (including administrative costs, processor fees, and reputational harm) and is not a penalty. We reserve the right to pursue collection of this amount through any legal means.

6.5. Price Changes. We reserve the right to change the price of our Services, including donation tiers and subscription fees, at any time. We will provide you with reasonable notice of any such pricing changes by posting the new prices on the Services and/or sending you an email notification.

7. PROHIBITED CONDUCT AND ENFORCEMENT

Your use of the Services is conditioned upon your strict compliance with our Code of Conduct (which is incorporated herein by reference) and this Agreement. You are the sole arbiter of what constitutes a violation. Any violation may result in disciplinary action, up to and including permanent account termination. Prohibited conduct includes, without limitation:

(a) Harassment & Abuse: Harassing, stalking, threatening, or defaming other users or our staff; using hate speech or engaging in discriminatory behavior.

(b) Technical Misuse: Using cheats, exploits, bots, or engaging in any activity that gives you an unfair advantage or disrupts the Services.

(c) Illegal & Infringing Activity: Transmitting any content that is illegal, fraudulent, obscene, or infringes on the intellectual property or other rights of any party.

(d) Impersonation: Impersonating any person or entity, including an employee of the Operator.

8. BETA TESTING

From time to time, we may offer you access to "alpha" or "beta" versions of our Services. You acknowledge that such pre-release versions are provided "AS-IS" without warranty of any kind, may contain bugs, errors, or other defects, and your participation is at your own risk. Any game progress, Perks, or other data may be wiped at any time. Your participation is confidential, and you agree not to disclose any non-public information about the beta Services.

9. HEALTH & SAFETY WARNING

A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns, flashing lights, or backgrounds on a screen, or while playing video games. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. Immediately discontinue use and consult a physician if you experience any symptoms such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or any involuntary movement or convulsion.

10. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION

10.1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

10.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATOR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY AND LAWFULLY PAID BY YOU TO US (INCLUDING ALL DONATIONS) IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, SUCH AS LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.

10.3. Indemnification. You agree to defend, indemnify, and hold harmless the Operator, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or in any way connected with: (a) your use of or access to the Services; (b) your UGC; (c) your breach or alleged breach of this Agreement; (d) your violation of any law or the rights of a third party; or (e) any activity occurring under your account. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

11. DISPUTE RESOLUTION

11.1. Governing Law and Venue. This Agreement and any dispute arising out of it shall be governed by the laws of the State of California, without regard to its conflict of law principles. To the extent any lawsuit or court proceeding is permitted hereunder, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California.

11.2. Mandatory Informal Dispute Resolution. As a condition precedent to initiating arbitration, you must first send a detailed written "Notice of Dispute" to us via certified mail at the address provided by our support team. This notice must describe the nature of your claim and the specific relief you seek. For sixty (60) days following our receipt of your notice, we will attempt to resolve the dispute through good-faith negotiation. You may not commence arbitration until this 60-day period has expired. The statute of limitations shall be tolled during this period.

11.3. MANDATORY BINDING ARBITRATION. IF THE DISPUTE IS NOT RESOLVED INFORMALLY, IT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Los Angeles County, California. The arbitrator's decision will be final, and judgment may be entered upon it in any court of competent jurisdiction.

11.4. WAIVER OF JURY TRIAL. YOU AND THE OPERATOR HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT.

11.5. CLASS ACTION WAIVER. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU AND THE OPERATOR IRREVOCABLY WAIVE ANY RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

11.6. ONE-YEAR LIMITATION PERIOD. YOU AGREE THAT YOU MUST INITIATE ANY DISPUTE, ARBITRATION, OR OTHER ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO THE DISPUTE. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM IS PERMANENTLY BARRED.

12. GENERAL PROVISIONS

12.1. Changes to Agreement. We reserve the right to modify this Agreement at any time in our sole discretion. We will indicate changes by updating the “Last Updated” date at the top of this document. Your continued use of the Services after any modification constitutes your unconditional acceptance of the revised Agreement.

12.2. Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may freely assign or transfer this Agreement without restriction.

12.3. Severability & No Waiver. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of those rights.

12.4. Survival. Sections 3.1, 4, 5, 6, and 8 through 12 of this Agreement shall survive any termination of this Agreement or your account.

12.5. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes.

12.6. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

12.7. Contact Information. For any questions, concerns, or legal notices (including DMCA notices), please contact us at: [email protected].