Razer Theme Store Terms of Service
- Your Use of the Service
You agree to follow any additional usage rules that we establish for the Theme Store and make available to you. We may amend the usage rules at any time and may impose limits on your use of, or access to, some or all of the features of the Theme Store, with or without notice. By using the Theme Store, you can purchase, access and download the contents (“Content(s)”) and software available in the Theme Store, including updates, either at no charge or for the price indicated. Contents available in the Theme Store may be provided by third parties or Razer.
You may use the Theme Store only as permitted by law, and may not use the Theme Store or download or use any related software if doing so would violate applicable export control laws and/or regulations. You understand that by using the Content, you may encounter content that may be offensive, indecent, explicit or objectionable. You agree to use the Content at your sole risk and that Razer shall have no liability to you for content that may be offensive, indecent, explicit or objectionable.
Use of the Theme Store does not give you ownership of any intellectual property rights in that Service or the content you access. These Terms do not grant you the right to use any trademarks, service marks, or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Theme Store.
- Modifying and Terminating the Service
We reserve the rights to add or remove functionalities or features to and/or from the Theme Store; add or relax conditions and or limitations, including the right to impose fees for use of the Theme Store; and suspend or stop the Theme Store at any time, and will not be liable to you or to any third party should we exercise such rights. The Content has no predetermined termination date and may continue until such time as Razer decides to terminate the Content or when this Agreement is terminated consistent with the terms herein, and Razer will not be liable to you or to any third party should we exercise such rights. If we discontinue the Theme Store, where reasonably possible, we will give you reasonable advance notice. We may also suspend provision of the Theme Store service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
- Account Information & Responsibilities of Users
To use the Theme Store, you may have to register for and maintain a Razer account in a form as required by us (“Account”). You agree to provide accurate information when you register. You may not use the Service or register for an Account, if you are under the age of 18; however, if you are between the age of 13 and 18, you may use the Service with the involvement of your parent or guardian where your parent or guardian agrees to these Terms on your behalf.
You should not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communications and activity on our systems and/or Service that result from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account. You may not allow third parties to access the Service via your Account. You agree to notify us immediately at [email protected]"> of any security breach of your Account.of any security breach of your Account.
We retain full control over the administration of your Account and may use our sole judgment on whether to terminate or suspend your Account for misuse of the Service or other inappropriate behavior. You are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors. You are solely responsible for any internet service provider and/or other fees that you may incur from third parties when using your Account and the Service.
- Privacy Notice
When you execute your purchase any theme on Razer Theme Store, we collect data from your Razer Phone relating to your registered identity, IP address, email address, country and purchase details for the purpose of executing that transaction and causing that theme you purchase to be made available for download and use on your Razer Phone.
Who your data is shared with: We may pass your information to third parties such as service providers, agents, advisors and affiliates of Razer that perform activities on our behalf. We may also pass your information to regulatory, anti-fraud and law enforcement bodies as required in connection with legal obligations or to combat fraud.
Purposes of use: (i) to provide the requested theme; (ii) to improve our themes and services; (iii) to inform you of changes; (iv) in connection with legal or regulatory obligations, if applicable.
Content Purchase through the Service
You agree to pay for all Contents you license through the Theme Store. You will pay Razer the purchase price of the Content (if any) through one of the provided payment method(s). The price for each Content is inclusive of sales, value added and all other applicable tax at the applicable rate. Razer reserves the right, at its sole discretion, to accept or reject your order. You are responsible for the timely payment of all fees and for providing Razer with valid payment information. Your order for any Content is accepted when Razer delivers the Content to your device or when Razer emails you the order confirmation, whichever happens first. Completed purchases are not subject to refund or cancellation. If any Content has a material defect, please contact our customer service and the Content will be replaced where possible.
- Your Feedback
You may choose to provide feedback, suggestions, ideas, questions, comments, bug reports, or other information to us relating to the Services or the software in the Services (“Feedback”). Any Feedback you provide to us in any manner, whether by electronic mail or otherwise, shall be deemed to be non-confidential and non-proprietary, and you shall have no claim in the ownership of such Feedback. We shall be free to use such Feedback for any purpose on an unrestricted basis, without obligation to pay you compensation or a fee of any kind.
License of Content
- Copyright Protection
We respond to notices of alleged copyright infringement in accordance with the process set out in the U.S. Digital Millennium Copyright Act and Section 7(D) of our website Terms and Conditions. We may terminate the Account of an infringer or take any other such action as permitted by law.
- Software used in connection with the Service
In order to use some of the Theme Store, you may be required to download and install software (“Software”). Such Software may be subject to additional license agreements, which you must agree to in order to use the Service. Some portions of the Software may be offered under an open source license that we will make available to you. You acknowledge and agree that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, we may (but are not obligated to) provide updates, create new versions or otherwise enhance the Software in order to improve the Services. Accordingly, the system requirements to use the Software and/or a Service may change over time.
- Grant of License.
Subject to the terms and conditions of this Agreement, Razer hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the Content only as authorized in this Agreement. The Content is only for your own personal use. You may not use the Content for any commercial purpose or in any way not expressly permitted by this Agreement. Your access to the Content is licensed, not sold. All references to the Content includes all related graphics, user interfaces, audio, video, scripts and software used to implement and provide access to the Content, and any updates, upgrades, enhancements, modifications, revisions or additions to the Content made available to end users by Razer. However, Razer is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Content.
You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Content in whole or in part.
The Content is proprietary to Razer and its licensors (if any), and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Razer, Razer owns and shall continue to own all right, title and interest in and to the Content, including associated intellectual property rights under the above referenced applicable laws. This Agreement does not grant you any ownership interest in or to the Content, but only a limited license to use that is revocable in accordance with the terms of this Agreement.
- Right To Modify, Suspend or Discontinue Content.
Razer reserves the right to change the Content without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Razer and its licensors reserve the right to modify, suspend, remove or disable access to the Content, or discontinue the Content, in whole or in part, at any time without notice for any reason, and in no event shall Razer be liable for any claims, costs or damages caused by or arising out of such actions.
- NO GUARANTEES OR WARRANTY ON SECURITY
RAZER DOES NOT GUARANTEE OR WARRANT CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND/OR ACCESS TO THE SERVICES. RAZER DOES NOT GUARANTEE THAT OUR SERVICES ARE 100% SECURE OR “HACKER PROOF”, AND SHALL BEAR NO LIABILITY FOR THE ACTIONS OF HACKERS OR OTHER THIRD PARTIES THAT MAY INFILTRATE OUR SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR COMPUTER SYSTEM.
DISCLAIMER OF WARRANTIES
THE ENTIRE RISK ARISING OUT OF USE THE SERVICE REMAINS WITH YOU. RAZER EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR THE SERVICE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO THE SERVICE. THE SERVICE AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATUTE OF ANY OTHER STATE OR NATION IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, WARRANTY OF FREEDOM OF INTERFERENCE WITH YOUR ENJOYMENT, OR WARRANTY OF AUTHORITY IN CONNECTION WITH THE SERVICE OR WITH INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY / EXCLUSIVE REMEDY
NEITHER RAZER, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL RAZER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE INFORMATION OR THE SERVICE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF RAZER’S WARRANTY AND EVEN IF RAZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY LIMITED REMEDY FAILS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RAZER WITH REGARD TO THE SERVICE IS TO DISCONTINUE USE OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER KINDS OF DAMAGES EXCLUDED HEREIN, THE LIABILITY OF RAZER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS. IN NO EVENT WILL RAZER, ITS LICENSORS, NOR THEIR AFFILIATES’ LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE OF THE APPLICABLE CONTENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RAZER AND ITS AFFILIATES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OR FROM THE CONTENT YOU USE AND/OR UPLOAD TO THE SERVICE. RAZER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION TO RAZER IN THAT MATTER WITH REGARD TO ATTORNEY FEES. THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OF YOUR USE OF THE SERVICES.
Modification Of and Amendments To These Terms
We may amend these Terms at any time in our sole discretion. We will notify you of any material changes to these Terms by posting the new Terms on our website. Please consult these Terms regularly for any changes. The date of the last revision appears at the top of these Terms. If you do not agree to the amendment, your only remedy is to cancel your Account by emailing us [email protected].
You agree that these Terms shall be deemed to have been made and accepted in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. Subject to Section 17 (Dispute Resolution; Binding Arbitration; Class Action Waiver), you agree that any claim asserted in any legal proceeding by you against us shall be exclusively commenced and maintained in any state or federal court located in San Francisco, California, and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms, the prevailing party will be entitled to attorneys’ fees and expenses.
Dispute Resolution; Binding Arbitration; Class Action Waiver
- Notice. In the event of any dispute or claim relating to the Service, you or Razer shall give the other party a notice of dispute listing the complaining party’s name, address, and contact information, and summarizing the facts and the relief requested. You shall send notices of dispute to us at [email protected] and insert ‘Razer Services Dispute’ in the subject header of the email. We will send notices of dispute to you to your address if we have it, and otherwise to your email address. Each party shall make reasonable, good faith efforts to resolve any dispute or claim within 60 days from the date the notice of dispute is sent.
- Binding Arbitration and exceptions; Opt-Out; Nature of Arbitration. If we are unable to reach a mutually satisfactory resolution within 60 days of the date of notice of dispute, then we shall proceed to arbitration, except arbitration shall not be used and the parties may address their dispute in court where (i) there is an intellectual property dispute such as a claim of infringement or other violation of intellectual property rights; (ii) small claims court requirements are satisfied; or (iii) applicable law prohibits arbitration. In addition, at any time within 60 days of the Effective Date, you may opt out of arbitration by sending us a written, postage paid notice of opt-out with your name, user name, email address and mailing address at: 201 3rd St., Suite 900, San Francisco, CA 94103. You may also bring your dispute or claim to the attention of any applicable Federal, State or local government agency that has authority by law to seek a remedy from us for you. Arbitration is a proceeding before a neutral arbitrator instead of before a court or jury. Arbitration is less formal and requires more limited discovery than a court proceeding. EXCEPT AS PROVIDED ABOVE, YOU AND RAZER AGREE TO RESOLVE IN BINDING ARBITRATION ALL DISPUTES AND CLAIMS RELATED TO AND/OR ARISING FROM THE SERVICES AND/OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIMS ARE BASED. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
- Arbitration Procedure and Rules. The Federal Arbitration Act (the “FAA”) shall apply to the arbitration, which shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and where applicable, the Supplementary Procedures for Consumer-Related Disputes. See www.adr.org for more information. The arbitration may be conducted through the submission of documents, by phone, or in person in the county where you live or in San Francisco, California. The decision of the arbitrator shall be final, except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
- Class Action Waiver. PROCEEDINGS TO RESOLVE OR LITIGATE OR ARBITRATE ANY DISPUTE SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR RAZER SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS OR REPRESENTATIVE ACTION OR COLLECTIVE ARBITRATION OR IN ANY OTHER PROCEEDING IN WHICH A PARTY ACTS IN A REPRESENTATIVE CAPACITY. NO ARBITRATION SHALL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES. AN ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING RELIEF AND NOT IN FAVOR OF ANY CLASS.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect. This is the entire agreement between you and Razer with regard to the Service (except for any separate licenses or agreements with respect to the Software). Our failure to enforce these Terms or any portion thereof shall not be viewed as a waiver.
Our obligations are subject to existing laws and legal process and we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term. Any provision herein which by its nature extends beyond termination of these Terms, including Sections 2, 5, 7, 10 to 14 and 16 to 18, shall survive termination of these Terms. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you and Razer.
- Grant of License.