TERMS AND CONDITIONS

Last Updated: 01/19/2023

ROH Acquisition Co, LLC d/b/a Ring of Honor or ROH, a Delaware limited liability company with its headquarters at 1 Tiaa Bank Field Drive, Jacksonville, FL 32202 (“ROH”) appreciates your interest in ROH’s applications (including all Materials, as defined below, the “Application”). By accessing or using the Application, you agree to comply with these terms and conditions (“ROH Terms”), in addition to any terms and conditions imposed by the distribution platform on or through which you download or otherwise access the Application, including iOS or Android (“Platform Terms”). If you do not agree to the ROH Terms and the Platform Terms, you are not permitted to access or use the Application. Please note that ROH is unaffiliated with any platform provider; has no control over the Platform Terms; and is not responsible for any platform provider’s acts or omissions. These ROH Terms solely govern your use of the Application, including any In-Game Currency and/or Virtual Goods (as defined below), and do not govern your acquisition of the Application itself or any In-Game Currency or Virtual Goods.

Please note that certain mandatory provisions of the local law of your country of residence may apply to your use of the Application and to these ROH Terms. Exhibit A (the “Local Addendum”), which appears below, contains terms that modify these TOH Terms if you are a resident of one of the countries identified in the Local Addendum, or if mandatory provisions of the local law of any of the jurisdictions identified in the Local Addendum otherwise apply to you. In both cases, the corresponding terms of the Local Addendum are hereby incorporated by reference into these ROHTerms, and will control over any conflicting provisions of these ROH Terms. For clarity, the terms of the Local Addendum have no force or effect unless you are a resident of one of the countries identified in the Local Addendum, or if mandatory provisions of the local law of any of the identified jurisdictions otherwise applies to you.

1.ROH Terms. The Application is made available to you by ROH subject to these ROH Terms. ROH reserves the right to update or make changes to the ROH Terms from time to time, which changes ROH may provide to you by any reasonable means, including by posting the revised version of the ROH Terms on the Application. Your access to or use of the Application following changes to the ROH Terms shall constitute your acceptance of those changes. If you fail to agree to such revisions, you may no longer use the Application.

You agree that you are subject to any additional terms and conditions posted by ROH that are applicable to the Application, which additional terms and conditions are hereby incorporated by reference into these ROH Terms.

YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER THESE ROH TERMS, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE ROH TERMS.

THESE ROH TERMS CONTAIN AN ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 15 BELOW, AND UNLESS PROHIBITED BY APPLICABLE LAW, IS MANDATORY AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Your submission of information through the Application is governed by ROH’s Privacy Policy, located at https://www.rohwrestling.com/content/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Application is and will remain accurate and complete, and that you will maintain and update such information as needed.

2.Updates and Changes. To the extent permitted by applicable laws, ROH reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Application, with or without notice; charge fees in connection with the use of the Application; modify or waive any fees charged in connection with the Application; or offer opportunities to some or all users of the Application. If ROH discontinues the Application, you shall immediately cease using the Application upon written notice. You agree that ROH is not liable to you or to any third party for any modification, suspension, or discontinuance of the Application, in whole or in part, or of any content, feature, or product offered through the Application. Your continued access to or use of the Application after such changes shall indicate your acceptance of such changes.
3.License to Use. Subject to your compliance with the terms and conditions set forth herein, ROH grants you a personal, limited, revocable, non-transferable license to download, install on your device, and use the Application, and to use, reproduce and distribute any audiovisual outputs contained in the Materials (as defined below) subject to any written instructions provided by ROH from time to time, solely for your personal, non-commercial purposes in the country or region designated by ROH, in accordance with these ROH Terms (the “License”). If you fail to comply with any of the terms or conditions set forth in these ROH Terms, your License will automatically terminate, whereupon you will immediately (a) cease using the Application; and (b) remove (i.e., uninstall and delete) the Application from your device.
4.Intellectual Property. The information, content, and other materials available in or through the Application, which may include video games and other software applications, including Virtual Goods and In-Game Currency, as defined in Section 8, (collectively, “Materials”), may be protected by copyright, trademark, patent, trade secret, and other intellectual property rights, all of which are owned by ROH, its affiliates, and/or its or their third-party licensors and suppliers. You obtain no licenses or other rights with respect to the Materials or any other aspect of the Application, whether expressly or by implication, estoppel, or otherwise, except for the limited License expressly granted under Section 3 above. Without limitation of the generality of the foregoing, you have no right to and you shall not make commercial use of the any Materials or other aspect of the Application, or reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on the any Materials or other aspect of the Application.

5.Registration; User Names and Passwords. You may need to register to use all or part of the Application. You represent and warrant that all information submitted to ROH in connection with such registration is complete and accurate. ROH may reject, or require that you change, for any reason, any user name, password or other information that you provide in registering. You are permitted to register only one account, and your user name and password are for your personal use only and should be kept confidential; you (and not V) are responsible for any use or misuse of your user name or password, and you must promptly notify ROH of any confidentiality breach or unauthorized use of your user name or password, or your Application account. ROH is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6.Rules of Conduct. You shall comply with all applicable laws, rules, and regulations while accessing or using the Application. ROH expects users of the Application to respect the rights and dignity of others. In addition to other terms and conditions of the ROH Terms, your use of the Application is conditioned upon your compliance with rules of conduct set forth in this Section. Your failure to comply with such rules may result in termination of your right to use and access the Application. You agree that you shall not:

Use the Application for any fraudulent or unlawful purpose(s), including any fraud or attempted fraud with respect to payments made in connection with the Application.
Attempt to gain for yourself or any other person any unfair advantage with respect to the use of the Application, including by using cheats, exploits, automation software, bots, hacks, mods, multiple re-installations or reset marathons, or any unauthorized third-party software, or by exploiting any bugs or errors in the Application.
Use the Application in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software.
Post, transmit, or otherwise make available through or in connection with the Application any materials that are or may be (a) defamatory, abusive, harassing, threatening, hateful or intimidating; (b) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; (c) defamatory, libelous, fraudulent or otherwise tortious, (d) obscene, indecent, pornographic, hateful or otherwise objectionable; or (e) harvest or collect information about other users of the Application.
Post, transmit or otherwise make available through or in connection with the Application any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Impersonate any person or entity, including any representative of ROH; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Application; or express or imply that ROH endorses any statement that you make.
Restrict or inhibit any other person from using the Application (including by hacking or defacing any portion of the Application).
Use the Application to advertise or offer to sell or buy any goods or services.
Exploit for any commercial purpose, or license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell or distribute, any portion of, use of, or access to the Application, or attempt or purport to do any of the foregoing, unless expressly permitted in writing by ROH.
Without prejudice to any applicable statutory rights, modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Application.
Remove any copyright, trademark, or other proprietary rights notice from the Application or materials originating from the Application.
Frame or mirror any part of the Application without ROH’s express prior written consent.
Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content or data from the Application or reproduce or circumvent the navigational structure or presentation of the Application without ROH’s express prior written consent.
Conduct real money trading; convert User IDs, data, characters or items in the Application into cash; or purchase or sell property or information; or engage in any similar activity through the foregoing or make any statement about the foregoing.
Unless explicitly permitted by ROH, assign, exchange, lend, or license data, characters, or items in the Application.
Instigate, encourage, or assist any of the activities prohibited under this Section.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Application except as expressly authorized herein, without ROH’s express prior written consent.
Access or use the game from or in any territory that is not expressly designated in writing by ROH.

ROH may terminate your use of the Application for any conduct that ROH considers to be inappropriate, or for your breach of these ROH Terms, including the Rules of Conduct set forth above.

7.Profiles and Forums. We note that Application visitors may make available certain materials (each, a “Submission”) through or in connection with the Application, including on profile pages or on the Application’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. ROH has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Application, you do so at your own risk.

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your Submissions, and your provision thereof through and in connection with the Application, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Application, or analyze your access to or use of the Application. We may disclose information regarding your access to and use of the Application, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

8.Virtual Goods and In-Game Currency. The Application may provide you with an opportunity to purchase virtual goods and tickets (“Virtual Goods”) solely for your personal, non-commercial use within the Application. These purchases may be made using “currency” such as virtual bucks, coins, tokens, or points (“In-Game Currency”) earned or purchased through the Application or purchased from one of ROH’s approved third-party in-game currency providers. In-Game Currency shall be used only to obtain such Virtual Goods and shall not be traded, transmitted, sold, or redeemed for real currency such as U.S. dollars.

Notwithstanding anything to the contrary in the ROH Terms or the Application, including any use of the terms “purchase,” “earn,” “buy,” “sell,” “order,” or the like, you acknowledge and agree that you obtain no ownership interest or property right in or to any Virtual Goods or In-Game Currency. Any In-Game Currency or Virtual Good you obtain is licensed, not sold, to you on the same terms and conditions as apply to the Application generally as set forth in these ROH Terms. You acknowledge that Virtual Goods and In-Game Currency shall be used solely within the Application and do not constitute or represent real currency or any stored value or prepaid access or the equivalent thereof. In-Game Currency and Virtual Goods have no market or application outside of the Application. They shall not be converted into and are not redeemable for any sum of money or monetary value, and do not have an equivalent value in real currency or act as a substitute for real currency. You do not therefore, “own” any In-Game Currency or Virtual Goods, and any indicators of the amount of any In-Game Currency you possess or may use to purchase Virtual Goods do not refer to any balance of real currency or its equivalent. That is, you are purchasing a limited license to use software programs that manifest as In-Game Currency or Virtual Goods, and not any underlying asset. Accordingly, to the fullest extent permitted by applicable law, you agree not to assert or bring any cause of action, claim, or suit against any ROH Entities arising out of or related to (a) any claim that you own any Virtual Goods or In-Game Currency, (b) any claim for the “value” of any Virtual Goods or In-Game Currency, or (c) any claim for loss of any “value” of any Virtual Goods or In-Game Currency except as permitted under Section 9 below.

You are not permitted to sublicense, lease, lend, sell, gift, bequeath, trade, transfer, or provide use of or access to any Virtual Goods or In-Game Currency to any third party, except as expressly authorized by ROH, and any attempt to do so will be void. You shall not attempt to use or access any Virtual Goods or In-Game Currency that you have not personally obtained from ROH or from one of ROH’s approved third-party currency providers. You are not permitted to pledge or establish a security interest in In-Game Currency or jointly possess In-Game Currency with another person or third party.

9.Transactions. If you wish to purchase In-Game Currency through the Application, you may be asked to supply certain payment-related information such as your credit card number and its expiration date, your name and billing address, and other payment-related information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY SUCH PAYMENT METHOD AND PROVIDE SUCH INFORMATION, AND THAT YOU ARE IN COMPLIANCE WITH ANY TERMS AND CONDITIONS APPLICABLE TO SUCH PAYMENT METHODS. By submitting such information, you grant ROH the right to provide such information to third parties for purposes of facilitating completion of transactions initiated by you or on your behalf. Verification of information may be required prior to acknowledgment or completion of any transaction. All sales are final and non-refundable, unless ROH informs you otherwise in writing. In some cases, you may purchase In-Game Currency using the payment methods provided by the applicable distribution platform, in accordance with the rules, terms of sale, and other terms and conditions of the applicable platform. ROH has no responsibility or liability with respect to any purchase made through any third party distribution platform.

ROH may change the purchase price for In-Game Currency or the purchase unit of In-Game Currency periodically with or without prior notice. The price you are charged will be the price displayed on the final purchase confirmation screen displayed in the Application. ROH reserves the right to refuse, cancel, or limit orders for In-Game Currency at any time and for any reason. You are responsible for all applicable sales or use taxes, duties, and other governmental taxes or fees payable in connection with your purchase and use of In-Game Currency and Virtual Goods.

ROH may from time to time issue promotional In-Game Currency without requiring payment (“Promotional In-Game Currency”). Activities eligible to receive Promotional In-Game Currency, quantity of Promotional In-Game Currency issued, permitted use of Promotional In-Game Currency, and other terms and conditions relevant to Promotional In-Game Currency shall be determined by ROH in its sole discretion.

10.Third Party Content; Links. The Application may provide you with links to websites, services, products, content or other material of third parties, including Submissions. You acknowledge and agree that ROH does not endorse and is not responsible or liable for any such material, and that you access such material at your own risk. ROH encourages you to review any privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES, RESOURCES, AND OTHER MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES, RESOURCES, AND OTHER MATERIALS.
11.Disclaimer of Warranties. To the maximum extent permitted by applicable law: ROH makes no guarantees or warranties of any kind, express or implied, regarding the Application; your access to and use of the Application is at your own risk; and the Application is provided “AS IS” and ROH is not responsible for its use or misuse. Access to and use of the Application from locations where the Application may be illegal is prohibited, and you are responsible for compliance with applicable local laws.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROH DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE APPLICATION FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE APPLICATION, (IV) WARRANTIES RELATING TO THE OPERATION OF THE APPLICATION OR THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE (INCLUDING WITH RESPECT TO DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OMISSIONS, OR THE SECURITY OF ANY SUBMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ROH OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE APPLICATION, AND FOR ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY ROH ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE APPLICATION, WHETHER MADE ON THE APPLICATION OR USING ANY MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY.

12.LIMITATION OF LIABILITY. NEITHER ROH NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, OR AGENTS, NOR ANY SUBSIDIARIES, AFFILIATED ENTITIES, OWNERS, SHAREHOLDERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING ENTITIES (COLLECTIVELY WITH ROH, THE “ROH ENTITIES”) SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATING TO LOSS OF USE, LOSS OF PROFITS, LOSS OF SECURITY OF SUBMISSIONS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE APPLICATION, ANY SITE OR SERVICE LINKED TO OR FROM THE APPLICATION, OR ANY OTHER SUBJECT MATTER OF THESE ROH TERMS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ROH ENTITIES ARISING OUT OF OR RELATING TO THE APPLICATION, ANY SITE OR SERVICE LINKED TO OR FROM THE APPLICATION, OR ANY OTHER SUBJECT MATTER OF THESE ROH TERMS EXCEED TEN U.S. DOLLARS. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13.Indemnification. Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless ROH and each of the other ROH Entities from any third-party lawsuits, claims, demands, damages, liabilities, and costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Application (including all Submissions) or your breach or alleged breach of these ROH Terms.
14.Term; Termination. These ROH Terms are effective until terminated. Except to the extent prohibited under applicable law, ROHROH may terminate your access to or use of the Application at any time and without prior notice if ROH reasonably believes that you have violated or acted inconsistently with these ROH Terms. Upon any such termination, your right to access or use the Application will immediately cease. Except to the extent prohibited under applicable law, you agree that any termination of your access to or use of the Application may be effected without prior notice, and that ROH may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that ROH shall not be liable to you or any third party for any termination of your access to the Application or to any such information or files, and shall not be required to make such information or files available to you after any such termination, except to the extent required under applicable laws. Sections 1, 4–8 and 10–23 shall survive any expiration or termination of these ROH Terms.
15.Governing Law; Arbitration. These ROH Terms are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of Florida, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

You and ROH agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes), any controversy or claim, whether at law or equity, arising out of or related to the provision of services by ROH, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in the ROH Terms.

You and ROH agree that our sole relationship is a contractual one governed by these ROH Terms. Any controversy or claim arising out of or related to the provision of services by ROH shall be resolved solely based on the agreements set forth in these ROH Terms. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these ROH Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by ROH that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these ROH Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these ROH Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these ROH Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against ROH for you.

Any arbitration under these ROH Terms will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and ROH are each waiving the right to trial by jury. You and ROH are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.

You and ROH acknowledge and agree that pursuant to these ROH Terms:

You and ROH agree that we are EACH waiving the right to have a trial by jury to resolve any dispute alleged against you, ROH or related third parties;
You and ROH agree that we are EACH waiving the right to have a court, other than a state court of limited jurisdiction as defined above, resolve any dispute alleged against you, ROH or related third parties;
You and ROH agree that we are EACH waiving the right to have a court review any decision or award of an arbitrator, whether interim or final, except for appeals based on those grounds for vacatur expressly set forth in Section 10 of the U.S. Federal Arbitration Act.
You and ROH agree that we are EACH waiving the right to serve as a representative, as a private attorney general, or in any other representative capacity, join as a class member, and/or to participate as a member of a class of claimants in any class, mass, consolidated or combined action or arbitration filed against you, ROH, and/or related third parties.

16.Contact Information for Inquiries. If you have any questions regarding the meaning or application of these ROH Terms, please direct such questions to the ROH contact designated in the Application or contact ROH at 1 Tiaa Bank Field Drive, Jacksonville, FL 32202 or via hello@rohwrestling.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with ROH.
17.Feedback. If you provide ROH with any ideas, proposals, suggestions, or materials related to the Application or any other product or service of ROH or any other ROH entity (“Feedback”), to the maximum extent permitted by applicable laws, you hereby agree that ROH is free to use such Feedback for any purpose without compensation to you or any other person.
18.Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, ROH hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that ROH does not endorse any of the products or services listed at such sites.
19.Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Application, please contact us by writing to 1 Tiaa Bank Field Drive, Jacksonville, FL 32202 or by calling us at 888-503-7521. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20.Language. These ROH Terms have been prepared in, and shall be construed in, the English language. Translated versions have been prepared for the convenience of users whose mother language is the relevant translation language; if there is any discrepancy in the meaning or interpretation between the English version and any translated version of the ROH Terms, the meaning and interpretation of ROH Terms prepared in English shall prevail.
21.Export Controls. To the extent required by applicable law, you are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
22.Miscellaneous. The ROH Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ROH. If any provision of these ROH Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these ROH Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under the ROH Terms without ROH’s express prior written consent and any attempted assignment, transfer, or sublicense will be void and without affect. ROH may assign, transfer, or sublicense any or all of ROH’s rights or obligations under the ROH Terms without restriction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and ROH relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ROH relating to such subject matter. Notices to you may be made via posting to the Application, by email, or by regular mail, in ROH’s discretion. The Application may also provide notices of changes to the ROH Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of the ROH Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the ROH Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ROH shall not be responsible for failures to fulfill any obligations due to causes beyond its control.
23.Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these ROH Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to ROH in accordance with these ROH Terms. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Application may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these ROH Terms and, upon your acceptance of the terms and conditions of these ROH Terms, will have the right (and will be deemed to have accepted the right) to enforce these ROH Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, ROH’s right to enter into, rescind or terminate any variation, waiver or settlement under these ROH Terms is not subject to the consent of any third party.

Exhibit A

Local Terms

As described above in the ROH Terms, the following terms and conditions will apply solely to the residents of any applicable country identified below, or where certain mandatory provisions of the local law of any such country apply to your use of the Application.

Americas

Brazil

§ 2 (Updates and Changes)

Replace the first sentence with the following:

To the extent permitted by applicable laws, ROH reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify the Application; discontinue the Application with thirty (30) days’ prior notice; charge fees in connection with the use of the Application; modify or waive any fees charged in connection with the Application; or offer opportunities to some or all users of the Application.

§ 13 (Termination)

Add after the fourth sentence ending in “. . . such information or files”:

To the extent required by applicable law, ROH will seek to give you notice and notify you of any options you may have if ROH decides to terminate your access to or use of the Application.

Mexico

§ 9 (Transactions)

Add at the end of the third paragraph:

Please be aware that ROH has established certain security measures to protect your information, such as Secure Socket Layer protocol, that helps protect information during transactions. Please also be aware that any purchase price for In-Game Currency shown by ROH at the time of purchase will be respected by ROH.

§ 14 (Termination)

Add after the fourth sentence ending in “. . . such information or files”:
To the extent required by applicable law, ROH will seek to give you notice and notify you of any options you may have if ROH decides to terminate your access to or use of the Application.

Asia

Hong Kong

§ 12 (Limitation of Liability)

Add after the last sentence ending in “. . . the above limitation or exclusion may not apply to you”:

Nothing in these ROH Terms shall limit or exclude the liability of any party for (i) death or personal injury caused by the negligence of that party or its agents; (ii) fraud; or (iii) any other liability that cannot be so limited or exclude under applicable law.

India

Preamble

Replace the second sentence beginning in “By accessing or using the Application” with the following:

By accessing or using the Application, you (a) are deemed to be making an offer to ROH, which subject to the terms hereof, will be deemed to be accepted in the United States by ROH; and (b) agree to comply with these terms and conditions (“ROH Terms”), in addition to any terms and conditions imposed by the distribution platform on or through which you download or otherwise access the Application, including iOS by Apple, Android by Google, and Steam by Valve (“Platform Terms”). For all legal purposes, these ROH Terms shall be deemed to be entered into in the United States.

§ 8 (Virtual Goods and In-Game Currency)

Replace the second sentence in the first paragraph beginning in “These purchases may be made using ‘currency’. . . “ with the following:

These purchases may be made using “currency” such as virtual coins, tokens, or points (“In-Game Currency”) earned or purchased through the Application or purchase from one of ROH’s approved third-party in-game currency providers, and all such payments shall be received in the United States.

Replace the seventh sentence in the second paragraph beginning with “According, to the fullest extent permitted . . .” with the following:

According, to the fullest extent permitted by applicable law, you waive your rights to bring any cause of action, claim, or suit against any ROH Entities arising out of or related to (a) any claim that you own any Virtual Goods or In-Game Currency, (b) any claim for the “value” of any Virtual Goods or In-Game Currency, or (c) any claim for loss of any “value” of any Virtual Goods or In-Game Currency.

Korea

§ 1 (ROH Terms)

Replace the second sentence with the following:

ROH reserves the right to update or make changes to the ROH Terms from time to time, and ROH will provide you with notice (e.g., effective date, details of updates/changes, reasons therefor, etc.) of such updates or changes by posting them on the Application at least seven (7) days prior to their effective date; provided, however, that ROH will provide you with at least thirty (30) day’ prior notice as above, in addition to separate notice by email or SMS, in cases where any proposed updates or changes materially or detrimentally affect your use of the Application.

§ 2 (Updates and Changes)

Replace the entire section with the following:

ROH reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify the Application based on its operational or technical requirements to ensure the smooth provision of game services; discontinue the Application in case ROH ceases to conduct business in the ordinary course (due to a business transfer, divesture, or merger) upon expiration of these ROH Terms for the use of the Application or through the exercise of its reasonable business judgment due to a significant decline in the profitability of the Application; charge fees in connection with the use of the Application; modify or waive any fees charged in connection with the Application in cases where such fees have been erroneously charged and not due to an intentional or grossly negligent act or omission by ROH; or offer opportunities to some or all users of the Application. If ROH discontinues the Application, you shall immediately cease using the Application upon written notice. You agree that ROH is not liable to you or to any third party to any justifiable modification, suspension, or discontinuance of the Application, in whole or in part, or of any content, feature, or product offered through the Application. Your continued access to or use of the Application after such changes shall indicate your acceptance of such changes.

§ 3 (License to Use)

Replace the second sentence beginning with “If you fail to comply . . .” with the following:

If you fail to comply with any of the terms or conditions set forth in these ROH Terms, your License may terminate after you receive advance notice thereof, whereupon you will immediately (a) cease using the Application; and (b) remove (i.e., uninstall and delete the Application from your device.

§ 5 (Registration; User Names and Passwords)

Replace the third sentence beginning with “ROH may reject or require . . .” with the following:

ROH may reject or require that you change any user name, password or other information that you provide in registering in cases where: (a) you have entered any false information during registration or you have failed to satisfy any requirements for registration; (b) you have made the Application available through abnormal or indirect methods in a country or region where ROH does not provide the Application; (c) you have applied for registration in order to conduct activity that is prohibited under applicable laws; or (d) you seek to use the Application for an unlawful purpose and any substantially similar purpose that ROH deems to be inappropriate.

§ 9 (Transactions)

Delete the sentence “All sale are final and non-refundable, unless ROH informs you otherwise in writing” and replace with the following:

In case you have not used the In-Game Currency purchased with money, then you may cancel the purchase and/or be refunded the purchase price, as provided under applicable laws. Further, ROH acknowledges that any purchases of In-Game Currency by a minor without parental consent may be subsequently revoked by such minor or his or her parents, except in cases where purchases are made using funds approved by such minor’s parents or where purchases are made by such minor after pretending to be an adult or pretending to have obtained parental consent.

Replace the last sentence in the first paragraph beginning with “ROH has no responsibility or liability . . .” with the following:

ROH has no responsibility or liability with respect to any purchase made through any third party distribution platform, provided that there is no intentional or grossly negligent act carried out by ROH.

Delete the following sentence in the second paragraph:

ROH reserves the right to refuse, cancel, or limit orders for In-Game Currency at any time and for any reason.

§ 12 (Limitation of Liability)

Replace the “.” with a “,” at the end of the first sentence ending in “. . . or any other subject matter of these ROH Terms” and add the following clause:

, PROVIDED THAT NO INTENTIONAL OR GROSSLY NEGLIGENT ACT IS CARRIED OUT BY THE ROH ENTITIES.

§ 14 (Termination)

Replace the sentence beginning in “You agree that ROH shall not be liable . . . with the following”:

You agree that ROH shall not be liable to you or any third party for any termination of your access to the Application or to any such information or files, provided that there is no intentional or grossly negligent act carried out by ROH.

Taiwan

Preamble

Replace the second sentence beginning in “By accessing or using the Application” with the following:

By clicking the “agree” button, you confirm that you have reviewed and agree to comply with these terms and conditions (“ROH Terms”), in addition to any terms and conditions imposed by the distribution platform on through which you download or otherwise access the Application, including iOS by Apple, Android by Google, and Steam by Valve (“Platform Terms”).

§ 1 (ROH Terms)

Replace the entire first paragraph with the following:

The Application is made available to you by ROH subject to these ROH Terms. ROH reserves the right to update or make changes to the ROH Terms from time to time, and ROH will publish such updates or changes on the homepage of its website, the log-in page or the purchase page of the Application and notify you in accordance with your registered contact information. The changes shall be void if the foregoing means are not adopted. Your access to or use of the Application and failure to raise any objection within fifteen (15) days following changes to the ROH Terms shall constitute your acceptance of those changes. If you raise objection to such revisions, it would be deemed as your termination of the ROH Terms and you may no longer use the Application. Subject to the foregoing, you agree that you are subject to any additional terms and conditions posted by ROH that are applicable to the Application, which additional terms and conditions are hereby incorporated by reference into these ROH Terms.

YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER THESE ROH TERMS, OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO THESE ROH TERMS (“PARENTAL GUARDIAN RULE”).

ROH SHALL CLEARLY STATE IN CHINESE IN THE HOMEPAGE OF ITS OFFICIAL WEBSITE, THE LOG-IN PAGE OR THE PURCHASE PAGE OF THE APPLICATION THAT, IN ADDITION TO THE PARENTAL GUARDIAN RULE, YOU MAY USE THE APPLICATION ONLY AFTER YOUR PARENT OR GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THE ROH TERMS (AS AMENDED FROM TIME TO TIME).

§ 2 (Updates and Changes)

Replace the entire section with the following:

Unless otherwise provided for in the ROH Terms, ROH reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Application; provided that ROH shall announce any planned suspension of the Application due to planned system, hardware or software maintenance on the homepage of ROH’s website or the log-in page or purchase page of the Application seven (7) days in advance (except for the case where the suspension is due to temporary, urgent or other events that are not attributable to ROH); or to offer opportunities to some or all users of the Application. If there is any failure to your connection to the application that is attributable to ROH, ROH shall cure or repair such failure immediately. If any In-Game Currency or Virtual Goods have been deducted from your account as a result of such failure, ROH shall replace your deducted In-Game Currency or Virtual Goods or provide other reasonable compensation in return if replacing such items is not feasible. If there is any change to the charge fees in connection with the access to or use of the Application, ROH shall announce such change on the website of the Application, during the Application and the log-in page thirty (30) days in advance. If you have provided your e-mail address when registering the account, you may also be notified through e-mail. The new charge fees shall be adopted from the effective date; however, if the new charge fees are higher than the original charge fees, the prepaid value before the effective date shall be charged based on the original charge fees. If ROH discontinues the Application, you shall immediately cease using the Application upon e-mail or written notice or upon ROH’s announcement of the discontinuation on the Application’s website. Unless otherwise provided for in the ROH Terms, you agree that ROH is not liable to you or to any third party for any modification, suspension, or discontinuance of the Application, in whole or in part, or of any content, feature, or product offered through the Application And your continued access to or use of the Application after such changes shall indicate your acceptance of such changes.

§ 3 (License to Use)

Replace the second sentence beginning with “If you fail to comply . . .” with the following:

§ 4 (Intellectual Property)

Add the following new paragraph after the last sentence ending in “. . . any Materials or other aspect of the Application”:

The electronic records in connection with the Application shall be owned by ROH and ROH shall keep intact the electronic records in relation to you; provided that you shall have the right to govern your own electronic records while any transfer or beneficial actions outside the Application will not be included.

§ 5 (Registration; User Names and Passwords)

Change the heading to:

“Registration; User Names and Passwords; Application History Record”

End the sentence after the words “. . . are for your personal use only and should be kept confidential;” in the fourth sentence and replace the rest of the section with the following:

You may change your password in accordance with the mechanism provided by ROH. The representatives of ROH (including the customer service personnel, the in-game managing personnel) shall not take initiative to inquire about your password. Your account and its electronic records shall be maintained by ROH for no less than thirty (30) days (the “Account Maintenance Period”) after the termination or expiration of these ROH Terms. If the termination of these ROH Terms is not attributable to you, you may continue to use the original account and its electronic records if you proceed with using the account during the Account Maintenance Period. If you do not use the account during the Account Maintenance Period, ROH may delete the account and all of its electronic records unless applicable law states otherwise.

ROH and you must promptly notify each other of any confidentiality breach or unauthorized use of your user name or password or your Application account. Once the breach or the unauthorized use is confirmed by you, ROH may suspend the original user name or password and may replace a new user name or password for you. In such cases, unless the breach or unauthorized use can be attributable to you, ROH shall refund the prepaid amount that has been deducted or reimburse you for appropriate fees.

If you notice any third party's illegal use of your user name and password and undue transfer of your electronic records, you shall immediately notify ROH for verification. After verifying that such IP address has not been used by you, ROH may temporarily limit such third party's right to access to the Application (the “Limit Access Period”). Relevant handling procedures shall be disclosed in the In-Game Management Rules (as defined below). From the time when the access to the Application is limited, ROH shall immediately request the third party who possesses your electronic records to provide explanation through e-mail or a written notice. If the third party fails to provide explanation within seven (7) days after receipt of the notice, ROH shall restore such electronic records to you and remove the access limitation. In the situation where such electronic records cannot be restored, ROH may compensate you in the manner agreed by both parties. If ROH has provided you with certain protection measures (such as blocking card or phone lock) for free and such measures are not used by you, ROH may restore such electronic records without requesting explanation. If the third party does not agree with the foregoing handling procedures, you may report the case to the applicable legal authorities and utilize judicial proceedings to resolve the issue. During the Limit Access Period, ROH shall not collect any fees from you or the third party. You shall be liable to ROH or any other users of the Application for any loss or damage arising from your untrue declaration.

ROH shall keep and maintain your history record for the Application for no less than thirty (30) days for your inquiry. You may retrieve your history records in writing, through the Internet, or physically visit ROH’s service center (provided that you shall provide personal data that conforms with your identification document for check and bear the inquiry fees as follows: $50 USD. After receiving your inquiry, ROH will provide you with the applicable history records and relevant data within seven (7) days via a storage platform or in writing or e-mail.

Without limiting the generality of the foregoing, the protection of personal data shall be conducted pursuant to applicable laws and regulations.

§ 6 (Rules of Conduct)

Change the heading to:

“Rules of Conduct and In-Game Management Rules”

Replace the entire first paragraph with the following:

Your failure to comply with such rules may result in termination of your right to use and access the Application. In order to regulate the use of the Application, ROH may establish in-game management rules for the Application, which are subject to the ROH Terms (“In-Game Management Rules”). ROH expects users of the Application to respect the rights and dignity of others. In addition to other terms and conditions of the ROH Terms, your use of the Application is conditioned upon your compliance with rules of conduct set forth in this Section and the In-Game Management Rules. Your failure to comply with such rules may result in termination of your right to use and access the Application. You agree that you shall not:

Add the following new paragraphs after the last sentence in the last paragraph ending in “. . .including the Rules of Conduct set forth above”:

Any amendment or change to the In-Game Management Rules shall be made in accordance with the procedures set forth in Section 2 above. Any provisions of the In-Game Management Rules shall be rendered null and void if these provisions (1) are in conflict with these ROH Terms; or (2) deprive you of the right thereof under these ROH Terms or restrict the same; provided, however, that this shall not apply to ROH’s disposal in accordance with the foregoing.

Unless these ROH Terms state otherwise, if there are sufficient evidence to prove your breach of the In-Game Management Rules, ROH shall publish such breach on the homepage of its website, the log-in page or the purchase page of the Application, and shall notify you of such breach in accordance with your registered contact information. For your first breach of the In-Game Management Rules, ROH shall provide you with notice to cure such breach within a certain period. If you fail to cure within the specified period, ROH may, pursuant to the In-Game Management Rules, limit your right to access the Application, based on the severity of your breach. If the same breach occurs again, ROH may forthwith limit your right to access the Application pursuant to the In-Game Management Rules. The limitation on your right to access to the Application may not exceed seven (7) days for each breach.

§ 8 (Virtual Goods and In-Game Currency)

Add the following new paragraph after the last sentence in the last paragraph ending in “. . . establish a security interest in In-Game Currency or jointly possess In-Game Currency with another person or third party”:

If you do not comply with the Parental Guardian Rule and you intend to claim a refund, your parent or guardian may file the application by submitting documentary evidence in accordance with the procedures, which are published on ROH’s official website. ROH shall refund any applicable unused fees after having the opportunity to confirm.

§ 9 (Transactions)

Add the following sentence to the first sentence of the first paragraph ending in “. . . such as your credit card number and its expiration date, your name and billing address, and other payment-related information”:

ROH shall publish the payment method and product information on the homepage of its website, the log-in page or the purchase page of the Application.

Delete the following sentence at the end of the first paragraph:

ROH has no responsibility or liability with respect to any purchase made through any third party distribution platform.

§ 11 (Disclaimer of Warranties)

Add the following new paragraph before the first paragraph beginning in “ROH makes no guarantees . . .”:

ROH shall ensure that its system and equipment are free from any error, pause, delay or disruption of the display of the Application, or inaccessibility. If any of the foregoing occurs and results in ROH’s failure to provide the Application, ROH shall refund the amount that has been deducted from your pre-paid balance, waive the charge fee equivalent to such amount or defer the time for when you may access the Application.

Add the following clause before the sentence in the second paragraph beginning in “ROH makes no guarantees . . .”:

Unless otherwise provided in these ROH Terms . . .

Add the following new paragraph after the last sentence in the second paragraph ending in “. . . and you are responsible for compliance with applicable local laws”:

ROH shall maintain its computer system at a security level that shall meet reasonable commercial standards. If the computer system or any electronic records are destroyed or under attack, or if the operation of the computer system is unusual, ROH shall immediately adopt reasonable measures to recover the computer system. If you suffer damages from ROH’s failure to comply with the foregoing requirement or from a bug in the Application, ROH will not charge you before it takes appropriate steps to recover the computer system and ROH shall be liable for such damages, provided that if ROH can prove that there was no negligence on ROH’s part, ROH’s liability will be reduced.

Add the following paragraph after the last sentence in the last paragraph ending in “. . . (SUCH AS SOFTWARE AVAILABLE THROUGH THE APPLICATION), SHALL CREATE ANY WARRANTY”:

You acknowledge that ROH may not assist in handling disputes resulting from the joint use of your account with a third party or any transactions to purchase In-Game Currency or Virtual Goods between you and a third party.

§ 14 (Term; Termination)

Replace the entire section with the following:

These ROH Terms are effective until terminated. You may terminate the ROH Terms at any time upon notice to ROH for any reason or no reason at all, without incurring additional termination fees.

If you have not logged into the Application for more than one (1) year, ROH shall notify you to log in within fifteen (15) days. If you still fail to log in after such notification, ROH may terminate its relationship and these ROH Terms with you. In addition, if you are responsible for any of the following activities, ROH may forthwith terminate its relationship and these ROH Terms with you, after notifying you in accordance with your registered contact information: (a) using any systems or tools to maliciously attack or destroy ROH’s computer system; (b) using plugins, viruses, bugs or other methods that do not comply with the ordinary settings or are not fair and reasonable to operate the Application; (c) purchasing the In-Game Currency or Virtual Goods using fake names, fraud or other hypocritical methods; (d) breaching the In-Game Management Rules under the same event three (3) or more times and failing to cure such breach in accordance with Section 6 under these ROH Terms; or (e) conducting any illegal activities and being captured by the judicial authority. If ROH fails to prove the foregoing conduct, it shall be liable for the damages you incurred from such termination.

Upon such termination of your relationship with ROH or these ROH Terms, ROH shall, after deducting any necessary costs, refund you the unused prepaid balance or charge fees in cash or by credit card, draft or registered mail with a check attached thereto within thirty (30) days. Also, your right to access or use the Application shall immediately cease.

If these ROH Terms are terminated due to ROH’s cessation of the Application, ROH shall provide notification by publication on the homepage of ROH’s official website, the log-in page of the Application or purchase page of the Application, no less than thirty (30) days before such cessation. Further, if you have registered your contact information when you registered your account, you shall be notified in accordance with your registered contact information. If ROH fails to provide appropriate notification, ROH shall (i) provide a refund for any unused In-Game Currency or Virtual Goods paid for by you, without deducting any administrative costs; and (ii) provide any other reasonable compensation.

Unless otherwise provided for in this ROH Terms, you agree that ROH may deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files after the termination; you agree that ROH shall not be liable to you or any third party for any termination of your access to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 1, 4–8 and 10–23 shall survive any expiration or termination of these ROH Terms.

§ 15 (Governing Law; Arbitration)

Replace the first sentence in the first paragraph beginning with “These ROH Terms are governed by the laws of the United States . . .” with the following:

These ROH Terms are governed by the laws of the Republic of China (Taiwan).

Replace the second sentence in the first paragraph beginning with “Except for disputes that qualify for small claims court . . .” with the following:

Except for disputes that qualify for small claims court, all disputes arising out of or related to these ROH Terms or any aspect of the relationship between you and ROH, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will may be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that ROH and you are each waiving the right to trial by a jury.

Add the following new paragraph after the last sentence in the last paragraph ending in “. . . they can seek relief against us for you”:

Notwithstanding these ROH Terms, Article 47 of the Taiwan’s Consumer Protection Act and Articles 28 (2) and 436-9 of Taiwan’s Code of Civil Procedure will apply.

§ 16 (Contact Information for Inquiries)

Add the following new paragraph after the end of the first paragraph ending in “. . . sensitive information in your e-mail correspondence with ROH”:

If you are not satisfy with the connectivity, game management, fee calculation, and quality of relevant services provided by ROH, or do not accept the resolution adopted by ROH under the In-Game Management Rules for the Application, you may file a complaint at ROH’s service center, by e-mail or in writing within seven (7) days commencing from the subsequent day of your receipt of the notice, and ROH shall reply to you no later than fifteen (15) days after its receipt of the complaint. ROH shall specify a 24-7 service hotline, complaint service hotline and its e-mail address on ROH’s website or the In-Game Management Rules. The foregoing procedures shall apply to a complaint brought by you for plugins used by a third party, or for the fairness of the affected Application.

§ 22 (Miscellaneous)

Replace the seventh sentence beginning in “This, together with all policies referred to herein . . .” with the following:

This, together with all policies referred to herein, the content of the advertisements and promotion activities provided by ROH regarding the Application, as well as the charge fees and the In-Game Management Rules, is the entire agreement between you and ROH relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ROH relating to such subject matter.

Add the following new sentence after the aforementioned seventh sentence and before the sentence beginning in “Notices to you may be made . . .”:

If there is any contradiction between the terms stipulated in the ROH Terms, it shall be construed in the way favorable to you.

§ 24 (Additional Information on the Application)

Add a new Section 24 after Section 23 (Apple-Specific Terms), entitled “Additional Information on the Application” and include the following provision:

ROH will specify the following information on the homepage of its website, the log-in page or the purchase page of the Application, and the product package (if any) of the Application: (a) the rating of the Application and the restricted or suitable ages for the Application in accordance with the Game Software Rating Management Regulations; (b) the minimum software system requirements to operate the Application; (c) when a security mechanism is provided, the information regarding the fees or lack of fees charged; and (d) if any lottery draw with pay is provided, the content of the lottery draw activity, prizes, and prize winning information will be expressly stated on ROH’s website, log-in page of the Application, and/or the product package (if any) of the Application. Further, ROH will provide a reminder which will include the following statement: “Merchandise to be won by chance; consumers who pay for and/or participate in this activity are not guaranteed to obtain merchandise.”

European Economic Area

Terms Applicable to All EU Consumers

The following terms (“General EU Terms”) shall apply if you habitually reside within the European Economic Area (e.g., France, Germany, Italy, Spain, or the United Kingdom) and are acting as a consumer within the scope of Regulation (EC) No. 593/2008 (i.e., for purposes outside your trade, business, or profession). In addition, the following jurisdiction-specific provisions (“EU Jurisdiction-Specific Terms”) shall apply if mandatory provisions of one of the following jurisdictions apply: Germany, Italy, Spain, or the United Kingdom. In the event of any conflict between the General EU Terms and any EU Country-Specific Terms, the EU-Country Specific Terms shall prevail.

§ 1 (ROH Terms)

Replace section with the following:

The Application is made available to you by ROH subject to these ROH Terms. ROH reserves the right to change or amend these ROH Terms at any time effective prospectively. Any change or amendment will be notified to you in a suitable manner (including but not limited to by email or by display of the notice in the Application) at least four (4) weeks prior to its effective date.

§ 2 (Updates and Changes)

Replace section with the following:

The Application, by its nature, needs to be updated and developed continuously over time. Where possible, we will try to give you reasonable notice of any major changes to, or discontinuation of, the Application. ROH may modify the Application without prior notice and provided that the modification is reasonable for you taking into account your interests. A modification is, in particular, reasonable for you if it is necessary to adapt the Application to changed circumstances with regard to technological developments, market requirements, and any changes in the applicable law, and in case of any new features, functions, or services added to the Application for your use. If a modification of the Application is not reasonably acceptable for you, you have the right to terminate the ROH Terms effective immediately upon notice. You shall have no other claims against ROH due to changes in and to the Application within the scope of this Section 2.

You have the right to object to any change or amendment of these ROH Terms within two (2) weeks after the date of the notification of the intended change or amendment. In case of a timely objection, each party shall be entitled to terminate the ROH Terms upon notice to the other party, such termination to become effective upon the date that the intended change or amendment was to take effect. If you do not object within two (2) weeks after the date of the notification, the change or amendment shall be deemed accepted by you and become an integral part of the agreement between the parties.

In its notification, ROH will inform you of your right to object within two (2) weeks, each party’s right to terminate the ROH Terms in case of objection, and the legal consequences of non-objection.

§ 6 (Rules of Conduct)

Notwithstanding anything to contrary provided in Section 6 (Rules of Conduct), these ROH Terms shall not restrict your right to modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Application where such acts are expressly permitted under applicable local law.

§ 9 (Transactions)

Notwithstanding anything to the contrary provided in Section 6 (Rules of Conduct), in all cases where you enter into an agreement on the purchase of In-Game Currency and/or Virtual Goods with any third party operator of the respective distribution platform (e.g., Apple), these ROH Terms shall not apply to such purchase, and such purchase shall exclusively be governed by the terms and conditions agreed between you and the third party operator.

Changes of the purchase price for In-Game Currency or the purchase unit of In-Game Currency pursuant to Section 9 (Transactions) will apply solely with effect for future purchases (i.e., not retroactively).

Notwithstanding anything to the contrary provided in Section 9 (Transactions), ROH may only cancel or limit accepted orders for In-Game Currency for important reasons by giving notice to you. In case of any such refusal, limitation or cancellation of an order by you, ROH will refund you the purchase price you have already paid to ROH with respect to the refused or cancelled order or the limitations of such order.

§ 12 (Limitation of Liability)

Notwithstanding anything to the contrary provided in Section 12 (Limitation of Liability), nothing in these ROH Terms shall exclude or limit the legal liability of ROH in the event of (i) the death of a consumer habitually residing in the EU or personal injury to the latter resulting from an act or omission of ROH, (ii) for damages caused to you by willful misconduct, fraudulent misrepresentation or gross negligence of ROH, and (iii) for damages for which the legal liability of ROH cannot be restricted or excluded by agreement with you in advance under applicable statutory law, including applicable product liability law.

§ 14 (Term; Termination)

Replace Section 14 with the following:

These ROH Terms are effective until terminated. Either Party has the right to terminate the ROH Terms for convenience at any time upon Sixty days notice to the other Party. ROH may terminate your access to or use of the Application at any time and without prior notice if you have violated these ROH Terms or if ROH reasonably believes (based on specific facts) that you have violated these ROH Terms. Upon any such termination, your right to access or use the Application will immediately cease. You agree that, upon any such termination of the ROH Terms, ROH may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 1, 4–8 and 10–23 shall survive any expiration or termination of these ROH Terms.

§ 15 (Governing Law; Arbitration)

Notwithstanding anything to the contrary provided in Section 15 (Governing Law; Arbitration), the choice of governing law shall not have the result of depriving you of the protection afforded to you in your capacity as a consumer within the scope of Regulation (EC) No. 593/2008 by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside. You may always bring proceedings against ROH in the courts of the Member State in which you are resident or domiciled, and ROH may only bring proceedings against you in the courts of the Member State in which you are resident or domiciled. The European Commission offers a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Note that ROH is not obligated to participate in ODR proceedings.

Germany

In addition to the General EU Terms for EU consumers, the following additional EU Country-Specific Terms shall apply and replace certain sections of the ROH Terms if you are acting as a consumer and if mandatory provisions of German law apply.

§ 12 (Limitation of Liability)

Replace the entire section with the following:

The liability of ROH for damages and futile expenses (together “Damages”), irrespective of the legal nature of the claim (i.e., whether under contract, tort, or otherwise),

caused by (i) a breach of material contractual obligations of ROH with ordinary negligence (einfache Fahrlässigkeit), or (ii) a breach of non-material obligations by employees or vicarious agents of ROH who are not legal representatives or executive officers (leitende Angestellte) of ROH with gross negligence (grobe Fahrlässigkeit), shall be limited to those Damages foreseeable at the time of the conclusion of the agreement between the parties that typically arise in transactions of this kind;
caused by a breach of non-material obligations with ordinary negligence (einfache Fahrlässigkeit) shall be excluded; and
caused by a defect of services provided by ROH under these ROH Terms without negligence or wilful behaviour shall be excluded.

A material contractual obligation is an obligation of one party, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the agreement between the parties and on the fulfilment of which the other party regularly relies and may rely.

If ROH provides services to you free of charge, ROH’s liability for Damages caused to you shall be limited to cases of gross negligence (grobe Fahrlässigkeit) or wilful intent (Vorsatz).

Notwithstanding the above, nothing in these ROH Terms shall limit the liability of ROH for Damages arising (i) from death or personal injury, (ii) from fraudulently concealed defects of goods or services, (iii) from breach of a contractual guarantee as to the quality of goods or services, or (iv) in case of any other liability pursuant to applicable mandatory law, where such liability cannot be excluded or limited by agreement between the parties in advance (e.g., under section 1 of the German Product Liability Act).

The above limitations of liability apply accordingly to the liability of ROH’s affiliates, licensors, suppliers, advertisers, sponsors, agents, subsidiaries, affiliated entities, owners, shareholders, general and limited partners, directors, officers and employees of any of the foregoing entities (collectively with ROH, the “ROH Entities”).

Nothing in this Section 12 shall affect the burden of proof with regard to establishing whether Damages were caused culpably (negligently or wilfully).

Italy

§ 11 (Disclaimer of Warranties)

Notwithstanding anything to the contrary provided in Section 11 (Disclaimer of Warranties), ROH shall be liable to you for any lack of conformity of the Application, In-Game Currency or Virtual Goods that becomes apparent within two (2) years from delivery of the Application as provided in Sections 128 through 135 of the Legislative Decree no. 206/2005 (the “Italian Consumer Code”). In any such event you shall have the following statutory rights as set forth in the Italian Consumer Code: If ROH is liable for such lack of conformity, you shall be entitled to have the non-conforming product brought into conformity free of charge or, alternatively, to have an appropriate reduction made in the price paid for the respective product or the contract terminated with regard to the non-conforming product. You must exercise these rights within 2 (two) months after you noticed the non-conformity. In any of such event, please send your notice of non-conformity to hello@rohwrestling.com.

Spain

§ 11 (Disclaimer of Warranties)

Add the following new paragraph after the last paragraph beginning in “YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE . . .”:

Notwithstanding anything to the contrary provided in Section 11 (Disclaimer of Warranties) and depending on the ROH product, please be informed that there are legal guarantees that may apply under Spanish law.

United Kingdom

§ 1 (ROH Terms)

In addition to the provision provided under Section 1 (ROH Terms), ROH shall be under a legal duty to supply the Application in conformity with these ROH Terms.

§ 22 (Miscellaneous)

Notwithstanding anything to the contrary provided in Section 22 (Miscellaneous), ROH shall, in case of any unforeseen delays or failures to fulfil any of its obligations, which are outside of ROH’s control, keep you updated on the progress via the Application; provided ROH do this, ROH will not be liable for delays caused by the event. When contacting you, ROH will notify you of your options, including, if appropriate under the circumstances, the ability to terminate under these ROH Terms.

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