Terms Of Service
Last Updated October 8, 2021
General Information
Welcome to CURSED! These Terms of Service govern your access and the use of the Services, as defined herein. These Terms are a legally binding agreement between you and Dread Pirate Games, LLC. Read this agreement carefully before using the Services.
We may amend these Terms at any time by posting revised Terms via the Dread Pirate Games website. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
You understand that by using Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services.
Effective Date
These Terms are effective as of October 8, 2021.
Definitions
"Account" means, any account you create via the Roblox Platform you use to access the Game.
"Company" mean Dread Pirate Games, LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
"Game" means the online computer game operating on the Roblox Platform known as CURSED! and any associated updates, content, or materials therein.
"In-Game Content" means any items that are offered for sale within the Game, which Users may purchase by utilizing Robux.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
"Notice" means a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means Company policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
"Protected Content" means all non-User Generated Content included as part of the Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein.
"Roblox" means the company known as Roblox Corporation, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors.
"Roblox Platform" means the website https://www.roblox.com/ and any inclusive subdomains as well as the Roblox app on mobile devices, and the Roblox Game download on video game consoles such as Xbox One and any other future console platforms.
"Robux" means the online digital currency offered by the Roblox Platform that can be used to purchase In-Game Content.
"Services" means the Game and, any website, game, device, platform, content, and other related products and services provided by Company and Company affiliates, including without limitation any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and Company clients and server software.
"Terms of Service" or ("Terms") means any and all terms, conditions, obligations, covenants, representations, and warranties contained herein.
"User," "you" or "your" means any user of the Services or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
Privacy
Your use of the Services is conditioned upon your agreement to the Privacy Policy. Please review the complete Privacy Policy, which is incorporated herein by reference.
Roblox Terms of Service
The Services are made available to you via the Roblox Platform. By using the Services, you are subject to the Roblox Terms of Use and you acknowledge that you have read and the same. If Company receives notice that your activity violates the Roblox Terms of Use or any similar agreement between you and Roblox, Company or Roblox may take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending, or terminating your Account privileges, and/or removing certain payment methods.
Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor who has been authorized under the provisions of Section 4(b) below.
You acknowledge and agree that Roblox may divide and subsequently provide different services to Users based on their age.
If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration of Company allowing access to the Service by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
Account
To use the Services, you must set up an individual Account on the Roblox Platform. All Accounts are subject to the Roblox Terms of Use. If you are having difficulty creating or maintaining an Account you must contact Roblox by following the instructions provided by the Roblox Platform. Each Account, regardless of the type, includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, mobile device or video game console that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third party access to your Account that results from theft or misappropriation of your password or other Account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
Service Availability and Termination
You acknowledge and agree that:
Company or Roblox may, in their absolute discretion, provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
Company or Roblox have the discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
Payments
In Game Content. All payments for any In-Game Content will be made using Robux and such payments will be made via the Roblox Platform. You acknowledge and agree that your use of Robux is subject to the Roblox Terms of Use and if you are experiencing problems or other difficulties with Robux, you may contact Roblox via the instructions provided on the Roblox Platform. All payments are final, and Company does not issue refunds.
Company Disclaimer and Limitation of Liability
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company is not a party to any agreement between Users, including any agreement between Users and Roblox. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to Roblox, and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any In-Game Content, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY'S MAXIMUM LIABILITY UNDER THESE TERMS WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER.
Use of Communications Services
The Services contain communication facilities and other services designed to enable you to communicate with other Users (collectively, "Communication Services"). All Communications Services are operated by Roblox and subject to the Roblox Terms of Use. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination, as discussed in the Roblox Terms of Use. You are responsible for adhering to such limitations if you upload the materials. Roblox reserves the right to terminate your access to any or all of the Communication Services at any time without Notice for any reason whatsoever.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
Use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Harvest or collect the email addresses or other contact information of other users from the Services;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Access any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Services;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose; and
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Rights Company Grants to You
Subject to your compliance with these Terms, Company grants you a nonexclusive, non-sublicensable, non-transferable, royalty-free, fully revocable license to use the Services solely in the manner described herein.
Representations and Warranties
You hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company or Roblox have not previously disabled your Account or your access to the Services for a violation of the law or these Terms or the Roblox Terms of Use.
Links to Third Party Sites and Services
The Services may contain links to third party websites. The third party websites are not under the control of Company or any part of the Services and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
Intellectual Property
All Protected Content is the property of Company or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content's third party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.
International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a Dispute between you and a third party (including other Users) in connection with the Services any content therein. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney's fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such Dispute must be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire Dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company 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.
Termination and Access Restriction
Company or Roblox reserve the right to terminate your access to the Services or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of these Terms. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services.
Company's performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
Questions and Feedback If you have any questions or comments about these Terms or our Services, please contact us at: legal@dreadpirategames.com