RESPAWN WEBSITE TERMS AND CONDITIONS
1. TERMS; ACCEPTANCE
Welcome to Respawn. These terms & conditions (“T&Cs“) are offered to you by Respawn Pte. Ltd. and its affiliates (“Respawn“), and govern your use as a visitor to www.respawnbyrazer.com and/or other websites managed by Respawn that reference the T&Cs (the “Respawn Sites“). Please read these T&Cs carefully. By using, accessing and/or visiting the Respawn Sites, you accept and agree to these T&Cs. If you do not accept and agree to the T&C, you should immediately stop using, accessing, and/or visiting the Respawn Sites.
We reserve the right to make changes at any time to the Respawn Sites, these T&Cs, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the T&Cs by posting the new T&Cs on the Respawn Sites. Please consult these T&Cs regularly for any changes. The date of the last revision appears at the top of the T&Cs. Your use of the Respawn Sites following any changes to the T&Cs will signify your acceptance of the revised terms.
3. ACCESS TO AND USE OF THE RESPAWN SITES
Subject to these T&C, Respawn grants you a limited license to access and use the Respawn Sites for your personal, non-commercial use. However, except as otherwise provided in these T&C, the contents of the Respawn Sites are owned by or licensed to Respawn, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify a Respawn Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Respawn Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of respawnbyrazer.com so long as the link does not portray Respawn (or any of its affiliates) or respawnbyrazer.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other “hidden text” utilizing Respawn, Respawn by Razer or Respawn’s (or any of its affiliate’s) name or trademarks to reference the Respawn Sites without our express written consent. You may not use disguised referrals to link to any Respawn Site. Without our prior written consent, you may not exploit the Respawn Sites or any content appearing therein for commercial purposes. Any unauthorized use of the Respawn Sites or use in violation of these T&Cs terminates this limited license.
The features, programs, promotions and other aspects of our services requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use of that information.
If you are under 18, you must obtain the consent of your parent or guardian to access the Respawn Websites. If you are under 13 years old, you are not permitted to register as a user, sign up for any promotional messages (see below), or otherwise provide us any personal information. Supplemental terms may apply to some services, such as rules for a contest or sweepstakes, and are deemed a part of these T&Cs as appropriate.
4.REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR RESPAWN TO MONITOR; ELECTRONIC COMMUNICATIONS
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Respawn in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”
Respawn takes no responsibility and assumes no liability for any content posted by you or any third party. Respawn may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit a Respawn Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Respawn Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. PRODUCT AND SUPPORT DESCRIPTIONS
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Respawn Sites is accurate, complete, reliable, current, or error-free. If you purchase a Respawn product either through the webstore on razer.com or through an authorized retailer, and you believe it is not as described on the Respawn Sites, or you believe you have not received support for your product as provided in the Return Policy applicable to the Respawn product on the webstore (or on such authorized retailer’s site or store), your sole remedy is to return the product, if applicable, in accordance with such Return Policy.
6. USER ACCOUNTS
To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the Respawn Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Respawn immediately of any unauthorized use. Respawn reserves the right to refuse service or terminate accounts if you fail to adhere to these T&Cs or any additional terms that may apply to these services, at Respawn’s reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Respawn Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Respawn Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Respawn or its products, which is downloaded from sites or sources outside the Respawn Sites.
Respawn provides customer support services (“Support Services“) in accordance with these T&Cs, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. Respawn will use commercially reasonable efforts to provide the Support Services in a professional manner, but cannot guarantee that every question or problem raised by you can or will be resolved.
9. INTELLECTUAL PROPERTY MATTERS
All content included on the Respawn Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Respawn, Razer and/or its licensors and protected by United States and international copyright laws and other laws and regulations. All software and other materials available for download from the Respawn Sites are, unless otherwise stated, the property of Respawn and protected by United States and international copyright laws.
“Respawn”, “Respawn by Razer”, the Triple Headed Snake Logo, the names of Respawn products, Razer products and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Respawn, Razer and/or its licensors. You may not use the foregoing in any manner that disparages or discredits Respawn or is likely to cause confusion among customers. You may not use Respawn’s trademarks and/or trade dress in connection with any product or service without our express written consent.
- USER FEEDBACK AND UNSOLICITED IDEAS
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at www.respawnbyrazer.com/contact-us. Any feedback you provide is deemed to be non-confidential and non-proprietary. Respawn shall be free to use such information on an unrestricted basis.Outside of the above-mentioned feedback avenue, Respawn does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an “Unsolicited Idea”). Kindly refrain from sending any Unsolicited Ideas in any form to Respawn or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Respawn’s products, services or activities to an Unsolicited Idea.If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Respawn owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Respawn has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Respawn from all liabilities, damages, losses, costs and expenses arising from Respawn’s use of the Unsolicited Idea.
- DIGITAL MILLENIUM COPYRIGHT ACT
Respawn respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Respawn Sites without your authorization and you claim infringement, then as outlined in 17 USC 512(c) you should provide the following information to us:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed.
- identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Respawn to locate the material.
- information reasonably sufficient to permit Respawn to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- a 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 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.
Respawn’s Agent for notice of claims of copyright infringement isCopyright Agent
Razer USA Ltd. (Irvine)
9 Pasteur, Suite 100
Irvine CA 92618, USA
By email: firstname.lastname@example.org
The copyright agent will not respond to inquiries not relevant to copyright.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF THE RESPAWN SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE RESPAWN SITES AND ALL CONTENTS THEREON ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPAWN (AND ITS AFFILIATES) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RESPAWN SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. RESPAWN MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE RESPAWN SITES OR OF SITES LINKED TO THE RESPAWN SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE RESPAWN SITES OR ANY HYPERLINKED WEBSITES. RESPAWN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE RESPAWN SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE RESPAWN SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL RESPAWN (AND ITS AFFILIATES), THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE RESAPWN SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE RESPAWN SITES OR DOWNLOADABLE MATERIALS), EVEN IF RESPAWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RESPAWN’S (OR ANY OF ITS AFFILIATE’S) LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under these T&Cs fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
BY USING A RESPAWN SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY RESPAWN PRODUCT OR THESE RESPAWN TERMS OF SALE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THIS PROVISION IS NOT APPLICABLE IN NEW JERSEY.
- DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL
These T&Cs are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using a Respawn Site, you unconditionally consent and agree that:
- any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have arising out of, relating to, or connected in any way with the Services or use of the Respawn Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.
- this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
- the arbitration shall be held in Los Angeles, California.
- the arbitrator’s decision shall be controlled by these T&Cs and any of the other agreements referenced herein.
- the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
- there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or Respawn’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
- the arbitrator shall not have the power to award punitive damages.
- if the administrative fees and deposits that must be paid to initiate arbitration against Respawn exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Respawn agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Respawn will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
- with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (F) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Razer shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com
- ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT
These T&Cs and other legal notices published by Respawn on the Respawn Sites applicable to an activity you engage in shall constitute the entire agreement between you and Respawn concerning the Respawn Sites. If any of the provisions of these T&Cs shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these T&Cs, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Respawn’s failure to assert any right under these T&Cs shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Respawn Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these T&Cs, but Respawn may assign these T&Cs without restriction.
You agree to indemnify, defend and hold Respawn, its affiliates, their respective officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Respawn Sites and/or any action by you which violates any law, regulation or rights of a third party.
- LINKS TO THIRD PARTY WEBSITES
The Respawn sites may contain links to third-party websites. You acknowledge and agree that Respawn does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Respawn of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Respawn may terminate your license to access the Respawn Sites and/or your user account if you violate or breach the T&Cs or for any other reason, including Respawn’s discontinuance of the Respawn Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.