Crunchyroll Games Terms of Service
Effective Date: 5 February 2019
Most Recent Update: 1 June 2022
Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of Crunchyroll Games, LLC and its parent Crunchyroll, LLC (herein referred to as "Crunchyroll Games, or CRG"). By accessing and playing any games, services, websites, or forums created or maintained by CRG (the "Games" or the “Service”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). “Crunchyroll Games”, "CRG", "we", "us", or "our" refer to Crunchyroll Games, LLC and Crunchyroll, LLC, located at 444 Bush Street San Francisco, CA 94108, and includes affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership including without limitation Sony Pictures Entertainment, Inc. (“SPE”).
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
These Terms will cover your use of all products and services of CRG, including but not limited to our website, forums, or our games (“Games”) on all platforms, whether PC or Macintosh downloadable or browser based or mobile application, Facebook, iOS, Google Play, Android, Xbox, PlayStation, or any other game platform (“Platforms”). The Terms will apply to all online and socially connected games.
Ownership of the Games
The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Crunchyroll Games, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Crunchyroll Games, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Crunchyroll Games owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content in the Service.
Grant of a Limited License to Access Games
You must provide all equipment and software necessary to connect to the Games, including, but not limited to, a mobile device that is suitable to connect with and use the Games, in cases where the Games offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Games. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
Grant of Limited License for In-Game Currency, Goods and Items
You understand that while at times you may “be gifted”, “earn”, "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games (“Virtual Currency”); or (b) virtual in-game goods or items (together with Virtual Currency, "Virtual Items" or “Virtual Goods”); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items or Goods and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Games, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment, in-app purchase, or redemption of a third-party game card or a third party virtual currency. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Items and Goods may be purchased (as a one-time purchase or a subscription) with "real world" money from a third-party platform provider, such as apple or google. Please note that CRG often does not handle any of the transactions of Virtual Currency. Your purchase of in game Virtual Currency or a subscription is subject to terms and conditions of the third party or parties handling the transactions.
In addition to any third party obligations, the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. Neither Third Parties nor CRG will give any refunds. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in CRG's sole and absolute discretion, or if CRG discontinues any of its Games, you forfeit any and all Virtual Currency and Goods. CRG has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Crunchyroll Games shall have no liability to you or anyone for the exercise of such rights. Virtual Goods or Currency may expire if account is inactive for more than one year.
Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by CRG. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Crunchyroll Games, its logos, and the Games' names are trademarks of Crunchyroll, LLC (or its partners or licensors) and may not be used without CRG's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Crunchyroll Games or its licensors. Crunchyroll Games may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Crunchyroll Games or any other third party.
Any third-party content used by Crunchyroll Games has been with permission and commercial licenses.
CONTENT YOU SUBMIT
A. User-Generated Content.
(i) General. CRG may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by mail) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding CRG Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.
In your communications with CRG, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, CRG retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. CRG’s receipt of your Unsolicited Ideas and Materials is not an admission by CRG of their novelty, priority, or originality, and it does not impair CRG’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to CRG of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, you hereby grant CRG, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to CRG to your UGC, you also hereby grant to CRG, and agree to grant to CRG, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).
(v) Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant CRG the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any CRG obligation to obtain consent of any third party and without creating any obligation or liability of CRG; (b) the UGC is accurate; (c) the UGC does not and, as to CRG’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. CRG has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at CRG’s cost and expense, to which you hereby consent and irrevocably appoint CRG as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. For alleged infringements of intellectual property rights, please see the next section.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions here.
User Code of Conduct
Your use of the Games is governed by certain rules (the "Code of Conduct"), maintained and enforced by CRG. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Crunchyroll Games reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user's account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, choosing a name for a guild, posting messages in chat or to a message wall and otherwise accessing the Games.
If Crunchyroll Games finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games. Crunchyroll Games has no responsibility to monitor player behavior or enforce the Code of Conduct. CRG may choose at its own sole discretion not to penalize a user for a claimed violation of this Code of Conduct. Non-enforcement in one instant of any violation by a user does not constitute a waiver of any other or subsequent violation by that or any other user.
You agree that your use of and conduct in the Games shall be lawful and you will not:
transmit or post any content or language which, in CRG's sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
communicate or post any user's personal information, including but not limited to another user's address, phone number, e-mail address, or credit card number, in the Games without the user's express written consent, except that a user may communicate his or her own personal information;
violate the contractual, personal, intellectual property or other rights of any party, or promote, cause or create illegal activity;
make improper use of CRG's support services or submit false reports of abuse or misconduct;
disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Crunchyroll Games created to generate web pages or any software or other products or processes accessible through the Games;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games;
use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Games;
without Crunchyroll Games’ express written consent, modify or cause to be modified any files that are a part of the Games;
participate in any action that, in CRG's sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned or purchased through authorized game play in the Games;
sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
engage in cheating or any other activity deemed by Crunchyroll Games to be in conflict with the spirit or intent of the Games;
attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including CRG employees or CRG’s customer service representatives; or
make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an CRG employee.
The following restrictions apply to the use of the Games:
You shall not create an Account or access the Games if you are under the age of 13; By accessing and using the Games, you represent and warrant that you are at least 13 years old (Please be aware that Crunchyroll Games may create certain areas on its website and some Games that contain adult or mature content. You must be at least 18 years of age to access and view such areas or Games. If you are less than the required age for such areas or Games, please do not use them). If you are a minor over the age of 13, you must seek consent from a parent or legal guardian before accessing the Games;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with your Account. You are responsible for any use of your credit card mobile phone or other payment instrument (such as in App Purchases) by minors;
You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Games if you have previously been removed by CRG or previously been banned from playing any CRG game;
You shall not use the Games if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Crunchyroll Games’ written permission;
You shall not copy, modify or distribute rights or content from the Games, or Crunchyroll Games’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service
You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Crunchyroll Games’ permission; and
If you access the Games from an SNS, you shall comply with its terms of service/use as well as these Terms.
Use or display replays of the Games, or use the Games in eSports without the express written permission of Crunchyroll Games.
Various games from time to time may conduct sweepstakes with real world prizes awarded to qualified winners. We will post a link to any sweepstakes rules on
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. CRG may require that you accept updates to the Games you have installed on your computer or mobile device. You acknowledge and agree that CRG may update the Service with or without notifying you and make any changes to the game or your account at CRG’s sole discretion. You may need to update third party software from time to time in order to receive the Games.
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Games or portions thereof if you are, or CRG suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Games, with or without notice to you, at any time. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired, earned or developed during the Games. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Games, and CRG is under no obligation to compensate you for any such losses or results.
CRG reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily for any reason or no reason at all, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, CRG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.
Termination of your Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Games and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Games is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Crunchyroll Games, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release Crunchyroll Games and hereby agree to indemnify Crunchyroll, LLC and all of its Affiliates, directors, officers, employees, agents and representatives from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY CRG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CRG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CRG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRG DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM CRG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By accessing and using the Games, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Crunchyroll, LLC. You agree that any claim or dispute you may have against Crunchyroll, LLC must be resolved exclusively by a state or federal court located in San Francisco County. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Arbitration will be initiated through the American Arbitration Association ("AAA"). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules ("AAA Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Crunchyroll. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Crunchyroll for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Crunchyroll. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Crunchyroll.
You and Crunchyroll waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Crunchyroll elect to have claims and disputes resolved by arbitration. In any litigation between you and Crunchyroll over whether to vacate or enforce an arbitration award, you and Crunchyroll waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
YOU AND CRUNCHYROLL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 13 above.
YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Crunchyroll can force the other to arbitrate. To opt-out, you must notify Crunchyroll in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Crunchyroll account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Crunchyroll, LLC, ATTN: Arbitration Opt-out, 444 Bush Street, San Francisco, CA 94108; [email protected]. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Crunchyroll.
You agree to defend, indemnify and hold harmless Crunchyroll, LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Crunchyroll, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Crunchyroll, LLC, and you agree to cooperate with Crunchyroll, LLC’s defense of these claims. Crunchyroll, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
Complaints and Notices
444 Bush Street
San Francisco, CA 94108
Attn: Legal Department
CRG may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Notice; Consent to Electronic Notice
Language of the Terms of Service
In the event of a conflict between a translation of the CRG Policies and the English version, the English version of the CRG Policies will control.
The failure of Crunchyroll Games to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to CRG are of a unique and irreplaceable nature, the loss of which shall irreparably harm CRG and which cannot be replaced by monetary damages alone. Accordingly, CRG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Games or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
CRG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CRG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond CRG’s control such as acts of Gods or Goddesses (living or dead, real or imagined), war, riots, fire, floods, natural disaster, accident, alien invasion, act of government or terrorism, disturbance in The Force, embargoes, network infrastructure failures, Zombie Apocalypse, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
These terms and conditions constitute the entire and exclusive agreement between you and Crunchyroll Games concerning your use of the Games and supersede any and all statements or other agreements, whether oral or written, between you and Crunchyroll Games regarding that use.