Terms of Service

Posted: 5/23/2023

Effective: 5/30/2023

Rec Room Inc., a Delaware corporation ("Rec Room Inc," "we," or "us"), is proud to offer Rec Room®, Rec Room Studio, and various Rec Room applications ("Rec Room" or the "Game"). Please read these Terms of Service (the "Terms") carefully because they govern your use of the Game and related direct and indirect services including, but not limited to, informal product support, and certain interactions with our websites, http://www.recroom.com, and http://www.rec.net and the subdomains of each of the foregoing (collectively, the "Website" and, with the Game, the "Services").

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Rec Room Inc WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Agreement to Terms

By downloading and/or using the Game and/or Services, you agree to be bound by these Terms and the Privacy Policy (available at https://www.recroom.com/privacy-policy) (the "Privacy Policy") that is incorporated by reference into these Terms. If you don't agree to be bound by these Terms, do not download or use the Game or Services. If you are accessing or using the Game or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity. Otherwise, "you" and "your" will refer to you, individually. If you are an individual, you represent and warrant that you are at least eighteen years old or if not, your parents have reviewed these Terms and in addition to your agreement to these Terms, your parents hereby enter into them on their and your behalf.

Grant of License

Subject to these Terms, Rec Room Inc grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you download, install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Rec Room Inc's termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game, use any method (including but not limited to multiple account creation, registry editing, and IP swapping) to evade a ban placed on your account, and/or if you violate these Terms or any code of conduct. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. All rights not specifically granted under these Terms are reserved by Rec Room Inc.

Changes to Terms, Game, and Services

Rec Room Inc may modify the Terms at any time, in our sole discretion. If we do so, we will let you know by updating this page, posting the modified Terms wherever the Game may be downloaded, and/or through other communications. Please make sure you review the modified Terms because if you continue to use the Game and/or Services after we have posted modified Terms, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Game or Services anymore. Because the Game and Services are evolving over time, we may change or discontinue all or any part of the Game and/or Services, at any time and without notice, at our sole discretion.

Registration

Users of the Game and the Services can initiate registration by interacting with interactive elements in the Game and providing us with certain personally-identifying information using the Website. You agree and understand that, by agreeing to these Terms and registering, we may use the personally-identifying information that you have provided us in accordance with the Privacy Policy. You further agree and acknowledge that our use of your personally-identifying information that you provide us when you register is governed by the Privacy Policy and that we may use and disclose your personally-identifying information in accordance with the Privacy Policy.

Personal and Non-Commercial Use Limitation

Except as otherwise specifically authorized by these Terms, Rec Room Inc provides the Game and/or Services to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Game and/or Services.

Subscription Service

Users of the Game and the Services can opt-in to a paid subscription program:

The name of the Rec Room subscription program is "Rec Room Plus" (also styled "Rec Room+")
The subscription is monthly, recurring, and may be cancelled in any given month.
Payment will be charged to your relevant platform account at confirmation of purchase.
Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Rec Tokens, Rec Token Transactions, the Creator Payment Program, and the Video Partner Program

Eligible users of Rec Room may acquire, under a limited and revocable license, our virtual in-game currency ("Rec Tokens"), solely for use in connection with activities within Rec Room. In addition, eligible creators of User Content may, through the Creator Payment Program, apply to cash out earned Rec Tokens for U.S. dollars.

REC TOKENS

You may acquire Rec Tokens: (i) by purchasing Rec Tokens directly from us; (ii) by subscribing to Rec Room Plus; (iii) through contests, promotions, or other means of distribution determined by us from time-to-time in our sole discretion; or (iv) through creating User Content which you then make available within Rec Room to other users in exchange for Rec Tokens those users have purchased or earned. Your license to use Rec Tokens will terminate upon termination of these Terms or your license to access Rec Room, or as otherwise provided in the Terms. Users shall be subject to daily purchase limits, as may be implemented or changed by Rec Room Inc. in its sole discretion, and in any event are prohibited from purchasing more than $10,000 in Rec Tokens in any one calendar day. All payments for Rec Tokens are final and not refundable or exchangeable, except as required by applicable law.

Rec Tokens do not have an equivalent value in, nor act as a substitute for, any other currency, whether real or virtual. Rec Tokens do not earn interest. Transactions involving the exchange of Rec Tokens for virtual items or virtual services, including User Content, in Rec Room are not legally enforceable, may not form the basis of any private right of action against Rec Room Inc. or any user or any other third party, and are governed solely by Rec Room Inc. in its discretion. You acknowledge and agree that Rec Room Inc. may engage in actions that may impact the perceived value or acquired price of Rec Tokens at any time, and for any reason, except as prohibited by applicable law.

Any license to Rec Tokens is non-exclusive, revocable, personal, limited, non-transferable (except as specifically set out in these Terms), and permits you to use Rec Tokens solely for your individual, personal, entertainment use exclusively within Rec Room. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Rec Tokens except in accordance with these Terms and, as applicable, the Creator Payment Program, or as otherwise expressly permitted by us. Any disposition or attempted disposition of Rec Tokens in violation of these Terms will be void and may result in revocation of your license to use Rec Tokens and/or termination of your access to Rec Room. We do not recognize, condone or support any third-party services that may be used to sell, exchange, transfer, or otherwise dispose of Rec Tokens, other than the third party we have authorized to facilitate exchange payments through the Creator Payment Program. Rec Room Inc., in its sole discretion, may impose additional or other limits on Rec Tokens and the Creator Payment Program, including, but not limited to, the amount that may be acquired, earned, transferred, redeemed or otherwise disposed of at any given time.

REC TOKEN TRANSACTIONS

When licensed to utilize Rec Tokens, you will be able to trade them within Rec Room for access to certain Content provided by us, as well as User Content created and offered by other users in user-to-user transactions. All transactions in Rec Tokens will be governed by these Terms. User-to-user Rec Token transactions may also be governed by terms negotiated between you and another user, provided such additional terms do not violate these Terms, the Code of Conduct, the Creator Payment Program Rules, and Rec Room policy, or additional policies we may impose in our sole discretion at any time. Rec Token transactions may be accounted for or facilitated by us or our designated third party service providers. Once completed, Rec Token transactions are final and non-refundable, except as may be required by applicable law, or otherwise determined by us in our sole discretion. Rec Room Inc. reserves the right to reject any Rec Token transaction for Content or User Content, on behalf of itself or any user, and reserves the right to suspend or terminate any user account in the event of unauthorized or fraudulent charges or activity, whether suspected or actual.

As the recipient of Rec Tokens which you earn through user-to-user Rec Token transactions for access to your original User Content, you may, if and while eligible for the Creator Payment Program and subject to the Creator Payment Program Rules, be able to cash out certain amounts of such earned Rec Tokens for U.S. Dollars.

Content creators offering and distributing User Content are solely responsible for all matters arising from their User Content and related user-to-user Rec Token transactions, including promptly resolving in good faith any complaints or other matters arising from such User Content and such transactions. While Rec Room may charge service, transaction or other fees for our role in facilitating such user-to-user transactions within Rec Room, such transactions are strictly between the participating users.

Although we are not responsible for resolving disputes among users about user-to-user Rec Token transactions, we reserve the right, in our sole discretion, to intervene to attempt to mitigate or resolve such disputes. To the extent we choose to become involved in a dispute, you understand and agree that our decision, which may include reallocating, refunding, or crediting Rec Tokens from one user to another in our sole discretion, is final. In the event you are involved in any such dispute, you agree to work with us in a good faith and prompt manner to resolve the dispute.

CREATOR PAYMENT PROGRAM

Rec Room Inc., in its sole discretion, may allow creators of User Content to participate in the Creator Payment Program. Creators of User Content participating in this program may, subject to compliance with all eligibility requirements, program terms, these Terms, and the requirements of our third-party payment vendor, exchange Rec Tokens they have earned for U.S. Dollars, based upon an exchange ratio and other requirements, procedures, and limitations established by us in our sole discretion from time to time, including those set forth in the Creator Payment Program Rules, which are incorporated by reference into these Terms. Rec Tokens are "earned" when creators of original User Content receive them from another Rec Room user in exchange for access to such User Content or from Rec Room Inc as a reward in connection with a contest. Rec Tokens acquired in other ways (e.g., as part of a Rec Room Plus subscription or purchased directly from Rec Room) are not considered earned and may not be exchanged for U.S. Dollars.

Rec Room Inc., in its sole discretion, has the absolute right to manage, modify, suspend, revoke, and terminate the Creator Payment Program without notice, refund, compensation, or liability to any user, except as otherwise prohibited by applicable law. Any actions or omissions in violation of law, these Terms, the Code of Conduct, the Creator Payment Program Rules, or any Rec Room policy, may result in the suspension or termination of a given user's access to the Creator Payment Program and void any pending transactions thereunder.

VIDEO PARTNER PROGRAM

Rec Room Inc., in its sole discretion, may allow users of Rec Room to participate in the Video Partner Program. Such users participating in this program may be able to earn certain revenue from the in-app purchases of other users of Rec Room who have chosen to support them, subject to compliance with these Terms, all program terms and eligibility requirements, and requirements of our third-party payment vendor, and other requirements, procedures, and limitations established by us in our sole discretion from time to time, including those set forth in the Video Partner Program rules, which are incorporated by reference into these Terms.

Rec Room Inc., in its sole discretion, has the absolute right to manage, modify, suspend, revoke, and terminate the Video Partner Program, without notice, refund, compensation, or liability to any user, except as otherwise prohibited by applicable law. Any actions or omissions in violation of law, these Terms, the Code of Conduct, the Video Partner Program rules, or any Rec Room policy, may result in the suspension or termination of a given user's access to the Video Partner Program and void any revenue earned thereunder.

Limited License to Broadcast Game Play

Rec Room Inc believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user ("Broadcasting User") a limited, revocable, royalty-free license to broadcast such Broadcasting User's unique play within the Game ("Broadcasted Content"), but only through third-party media that is, at the time of broadcast, currently approved by Rec Room Inc ("Approved Broadcaster(s)"). To the extent a user opts out pursuant to the below mechanism, our and your license with respect to Broadcasted Content including that user is revoked.

The above limited license to broadcast the Game is subject to the additional conditions:

A Broadcasting User may only broadcast his or her own gameplay;
All Broadcasted Content must otherwise comply with these Terms, the Code of Conduct, the Privacy Policy, may not contain any leaks, leaked, hacked, or unauthorized Content, and may not inform or instruct on leaks or how to hack in Rec Room;
Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)' applicable terms of service, policies, rules, and guidelines;
Rec Room Inc may revoke a user's license to broadcast for any or no reason and without notice.

OPTING OUT

Any user may revoke such user's permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out ("Opt-Out Notice"). Without any obligation to do so, Rec Room Inc may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Rec Room Inc does not assume any responsibility for ensuring compliance with the foregoing.

APPROVED BROADCASTERS

The following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Game. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters' services.

Twitch Interactive, Inc.
Google LLC’s YouTube platform
Meta Platforms, Inc.
Twitter Inc.
reddit Inc.
Snap Inc.
TikTok Inc.

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at support@recroom.com.

Who May Use the Game and/or Services

ELIGIBILITY

The Game and Services are available to users of all ages; children under the age of 13 that use the Game and/or Services (a) must have parental authorization, including agreement to these terms; (b) utilize the “Junior Mode” setting and (c) are governed the terms of the Privacy Policy, particularly the section thereof entitled "Children Under the Age of 13".

ACCOUNT REQUIREMENT

If you want to use the Game you will have to have an account with the relevant platform (e.g. Steam Account, Oculus Account, PlayStation Network Account, etc.), as applicable ("Accounts" and each an "Account"). Each Account is subject to the relevant third party’s terms and conditions and you agree to abide by those terms while using the Services. You are responsible for the security of your account and its credentials, and thus are responsible for all activities that occur under any Account associated with you. When you use the Game or Services, certain information associated with your Account may automatically be transmitted to our server without any action on your part. You are entirely responsible for your Account. We will not be liable for any actions, inactions, or loss incurred as a result of someone else's authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Rec Room Inc or third parties due to someone else's use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions may then apply.

Health and Safety Precautions

The below should be reviewed before use of the Game. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Rec Room Inc is not liable for any damage to property, injury, or death, including any of the foregoing that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

CHILDREN

Adults should monitor children who are using or have used the Game for any of the symptoms described below, and should limit the time children spend using the Game and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Game for any decrease in these abilities.

EPILEPTIC SEIZURE WARNING

Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.

Rec Room Inc is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.

MOTION SICKNESS

Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.

REPETITIVE MOTION INJURIES AND EYESTRAIN

Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

Avoid excessive play;
Adults should monitor children;
Take a 10 to 15 minute break every 30 minutes while playing the Game;
If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.

Play Area Precautions

Give yourself plenty of room to play the Game and always be aware of your surroundings. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to playing. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game.

Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.

Content and Content Rights

For purposes of these Terms: (i) "Content" means works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Services, including any text, graphics, images, music, software, audio, video, rooms, chips, textures, and sound effects; for clarity, other users’ User Content constitutes Content with regard to you; and (ii) "User Content" means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums or directly to Rec Room Inc. User Content includes any feedback or suggestions you provide to Rec Room Inc. Content includes without limitation User Content.

CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL

Rec Room Inc and its licensors exclusively own all right, title and interest in and to the Game, Services, and Content, including all associated intellectual property rights, except User Content, to which you grant Rec Room Inc the license rights described below. You acknowledge that the Services and Content are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

RIGHTS IN USER CONTENT GRANTED BY YOU

You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game or Services, you hereby grant Rec Room Inc a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Rec Room Inc's intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content. Rec Room Inc has no obligation to compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Rec Room Inc on or through the Game or Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services, except for certain removal required by applicable law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Additional Standards for User Content Offered in Exchange for Rec Tokens

If you offer User Content to other users in exchange for Rec Tokens, regardless of whether you are eligible to participate in the Creator Payment Program, you must meet the following additional standards:

Your User Content must be original to you, i.e. it may not be the User Content of another User.
You must address any complaints or issues raised by Users who have paid you Rec Tokens for access to any of your User Content, and you must do so in a timely manner using such means as we may specify from time-to-time.
You must not implement any gambling, casino style games, or games of chance (including “loot box” mechanics) that involve any real currency, virtual currency, or Rec Tokens in any way.
You must not create promotions of any sort (including contests, raffles, lotteries, etc.) that involve any real currency, virtual currency, or Rec Tokens in any way.
You must not sell, trade or give away Rec Tokens or User Content outside of Rec Room.
You must not upload, publish, or otherwise make available User Content that has previously been moderated or suspended from Rec Room.
You must not utilize "clickbait" or any other misleading or obnoxious methods in connection with promoting your User Content.
You must not utilize dark patterns or any user interface with the substantial effect of subverting or impairing user autonomy, decision making, or choice.

Of course, you must otherwise at all times be in compliance with the rest of these Terms, the Code of Conduct, and the Creator Payment Program Rules (if you are eligible to participate and do so participate in such program).

General Prohibitions and Rec Room Inc's Enforcement Rights

Your license to the Services is expressly conditioned on your agreement not to do any of the following (the “Prohibitions”):

Do anything in connection with your use of the Services, including posting, uploading, publishing, submitting or transmitting any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., unauthorized methods that influence Rec Room's gameplay, including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods) or circumvents any of Rec Room Inc’s methods for enforcing these Terms (e.g. ban evasion, multiple account creation, using a VPN for circumvention purposes); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; or (xi) violates the Code of Conduct.
Use, display, mirror or frame the Services or any individual element within the Services, Rec Room Inc's name, any Rec Room Inc trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rec Room Inc's express written consent;
Access, tamper with, or use non-public assets of the Services, Rec Room Inc's computer systems, or the technical delivery systems of Rec Room Inc's providers;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rec Room Inc or any of Rec Room Inc's providers or any other third party (including another user) to protect the Services or Content;
Create, develop, modify, distribute, or use any unauthorized software programs to gain any advantage or alter the intended operation of the Services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, sandboxes, emulators or the like) other than the software and/or search agents provided by Rec Room Inc or other generally available third-party web browsers;
Use any meta tags or other hidden text or metadata utilizing a Rec Room Inc trademark, logo URL or product name without Rec Room Inc's express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

To ensure that Rec Room is a safe and welcoming space for all users, you agree to report to us using in-game methods or the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13. Although we're not obligated to monitor access to or use of the Game, Services, or Content or to review or edit any Content, we have the right to do so for the purpose of operating, maintaining, improving, supporting, and updating the Game and/or Services; to ensure our users’ safety, the safety of the Services, and compliance with these Terms; and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable or suspend your or any user’s access to any Content or the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or activity when using the Services to be objectionable or in violation of these Terms. We have the right (and you agree we have your consent) to investigate violations of these Terms or conduct that affects the Game and/or Services, including disclosing information to, consulting, and cooperating with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Rec Room Inc respects copyright law and expects its users to do the same. It is Rec Room Inc's policy to terminate in appropriate circumstances Account holders or other users of the Game and/or Services who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Rec Room Inc will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.

If you believe that your copyrighted work is being infringed by material that appears in our Game, websites, or other online services, please provide Rec Room Inc's designated agent (address appears below) the following information that the DMCA requires:

A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
A description of where the allegedly infringing material is located in the Game, Rec Room Inc's Game website(s), or other related electronic platform.
Information reasonably sufficient to permit Rec Room Inc to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
Rec Room Inc's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:

MAIL

Rec Room Inc

Attention: Copyright Agent

300 Elliott Ave W, Suite 450

Seattle, WA 98119

EMAIL

support@recroom.com

Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.

Links to Third Party Websites or Resources

The Game and/or Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

Your license automatically terminates if you violate any of these Terms or the Code of Conduct. We may terminate your access to and use of the Game or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, Services, and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.

Warranty Disclaimers

THE GAME, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Indemnity

You will indemnify and hold harmless Rec Room Inc and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, Services, or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER REC ROOM INC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REC ROOM INC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL REC ROOM INC'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT EXCEED THE LESSER OF (A) THE AMOUNTS YOU HAVE PAID TO REC ROOM INC FOR USE OF THE GAME, SERVICES, OR CONTENT OR (B) ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REC ROOM INC AND YOU.

Dispute Resolution

VIOLATION OF REC ROOM IP AND PROHIBITIONS

The rest of this “Dispute Resolution” section contains an agreement to arbitrate and rules therefor and applies to any dispute, claim or controversy between You and Rec Room except: (a) claims by Rec Room to enforce any of its intellectual property rights (including anti-circumvention claims, or any other related statutory rights) against You; and (b) Your violation of the Prohibitions. You agree any disputes, claims, or controversies arising out of or related to (a) and (b) will be governed by Washington law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and any such disputes, claims, or controversies shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Seattle, Washington.

AGREEMENT TO ARBITRATE

You and Rec Room Inc agree that any dispute, claim or controversy (other than those covered by the preceding “VIOLATION OF REC ROOM IP AND PROHIBITIONS”) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Equity Action"). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Rec Room Inc with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you don't provide Rec Room Inc with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Equity Action or, if you timely provide Rec Room Inc with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Rec Room Inc with an Arbitration Opt-out Notice, you acknowledge and agree that you and Rec Room Inc are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rec Room Inc otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

ARBITRATION RULES

The arbitration will be administered by JAMS alternative dispute resolution ("JAMS") in accordance with the applicable JAMS clauses, rules, and procedures (the "JAMS Rules") then in effect, except as modified by this "Dispute Resolution" section. (The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.

ARBITRATION LOCATION AND PROCEDURE

Unless you and Rec Room Inc otherwise agree, the arbitration will be conducted at JAMS's Seattle, Washington offices located at 600 University Street, Suite 1910 Seattle, WA 98101. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Rec Room Inc submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION

The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable.

FEES

Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.

CHANGES

Notwithstanding the provisions of the "Changes to Terms and Services" section above, if Rec Room Inc changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Rec Room Inc's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rec Room Inc in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict-of-laws provisions. These Terms constitute the entire and exclusive understanding and agreement between Rec Room Inc and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rec Room Inc and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Arbitration" section above or by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Rec Room Inc's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Rec Room Inc may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Rec Room Inc under these Terms, including those regarding modifications to these Terms, may be given: (i) via email; (ii) by posting to the Services; or (iii) by certified mail. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted and for notices made by posting to the Services, the date is the date of the posting. Rec Room Inc's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rec Room Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, the Game and/or the Services, please contact Rec Room Inc at support@recroom.com.

SONY INTERACTIVE ENTERTAINMENT AMERICA

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

SONY INTERACTIVE ENTERTAINMENT NETWORK EUROPE LIMITED

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

ABOUT THE CISCO-PROVIDED BINARY OF OPENH264 VIDEO CODEC

Cisco provides this program under the terms of the BSD license.

Additionally, this binary is licensed under Cisco's AVC/H.264 Patent Portfolio License from MPEG LA, at no cost to you, provided that the requirements and conditions shown below in the AVC/H.264 Patent Portfolio sections are met.

As with all AVC/H.264 codecs, you may also obtain your own patent license from MPEG LA or from the individual patent owners, or proceed at your own risk. Your rights from Cisco under the BSD license are not affected by this choice.

For more information on the OpenH264 binary licensing, please see the OpenH264 FAQ found at http://www.openh264.org/faq.html#binary

A corresponding source code to this binary program is available under the same BSD terms, which can be found at http://www.openh264.org

BSD LICENSE

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

AVC/H.264 PATENT PORTFOLIO LICENSE NOTICE

The binary form of this Software is distributed by Cisco under the AVC/H.264 Patent Portfolio License from MPEG LA, and is subject to the following requirements, which may or may not be applicable to your use of this software:

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM

Accordingly, please be advised that content providers and broadcasters using AVC/H.264 in their service may be required to obtain a separate use license from MPEG LA, referred to as "(b) sublicenses" in the SUMMARY OF AVC/H.264 LICENSE TERMS from MPEG LA found at http://www.openh264.org/mpegla

AVC/H.264 PATENT PORTFOLIO LICENSE CONDITIONS

In addition, the Cisco-provided binary of this Software is licensed under Cisco's license from MPEG LA only if the following conditions are met:

The Cisco-provided binary is separately downloaded to an end user's device, and not integrated into or combined with third party software prior to being downloaded to the end user's device;
The end user must have the ability to control (e.g., to enable, disable, or re-enable) the use of the Cisco-provided binary;
Third party software, in the location where end users can control the use of the Cisco-provided binary, must display the following text: "OpenH264 Video Codec provided by Cisco Systems, Inc."
Any third-party software that makes use of the Cisco-provided binary must reproduce all of the above text, as well as this last condition, in the EULA and/or in another location where licensing information is to be presented to the end user.