- Acceptance of Terms
- Additional Policies. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service, and all such additional documents are incorporated by this reference into, and made a part of, these Terms.
Use. Some of the things you can do through the Service are as follows. (What you can actually do in the list below will depend on your age, the type of account you sign up to, whether you contribute UGC and the use by others of that UGC, and other factors.) These Terms apply to all users of the Service, no matter what you do. “UGC” means the following that you control, have the ability to license, have ownership of, will Provide or have Provided (a) Content and (b) any modifications, changes or derivative works by you or that you otherwise own or control of any of those types of data or works that are on, in or used with the Service. “Provide” means create, modify or generate in, with or for the Service or upload, post, publish or otherwise provide to us in, with, for or through the Service. “Content” means all types of content, including games (and all characters, assets, names and other items in the games), avatars and other characters, digital clothing and other digital assets for avatars and other characters, models (2D, 3D or otherwise), artwork, reviews, text, software, scripts, graphics, photos, images, sounds, music, videos, audiovisual combinations, interactive features, names, usernames, logos and other materials, works, items or content (standalone or in combination).
- Create/Develop/Modify/Contribute. Create, develop, modify and contribute content, which may be available to some or all of the users of the Service.
- Play/Interact. Play, interact, see, view and use (and in certain cases, manipulate and change) certain portions of the Service and UGC.
- Imagine/Socialize. Imagine, socialize, chat, play, create, interact and relate with others in many ways.
- Participate in the Developer Exchange. We, in our sole discretion, may allow eligible users of the Service to participate in the Developer Exchange (which we explain below).
- Changes or Discontinuance of Service. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service.
- Third Party Services. We may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on us with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. You agree that your use of the Service may incur third party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all such fees and abide by all such terms. By using the Service, you expressly relieve Roblox from any and all liability arising from your use of any third-party website.
- Use. Some of the things you can do through the Service are as follows. (What you can actually do in the list below will depend on your age, the type of account you sign up to, whether you contribute UGC and the use by others of that UGC, and other factors.) These Terms apply to all users of the Service, no matter what you do. “UGC” means the following that you control, have the ability to license, have ownership of, will Provide or have Provided (a) Content and (b) any modifications, changes or derivative works by you or that you otherwise own or control of any of those types of data or works that are on, in or used with the Service. “Provide” means create, modify or generate in, with or for the Service or upload, post, publish or otherwise provide to us in, with, for or through the Service. “Content” means all types of content, including games (and all characters, assets, names and other items in the games), avatars and other characters, digital clothing and other digital assets for avatars and other characters, models (2D, 3D or otherwise), artwork, reviews, text, software, scripts, graphics, photos, images, sounds, music, videos, audiovisual combinations, interactive features, names, usernames, logos and other materials, works, items or content (standalone or in combination).
- Your Account. To access some features of the Service, you will need to create an account (“Account”). When you register for an account or update the information, you agree to provide us accurate information and that you will keep it up-to-date at all times. You may never allow anyone else to use your account (except your parents or legal guardian). If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@Roblox.com. If anyone asks for your password or personal information (such as your name, address or phone number), please use the Report Abuse feature to immediately report the user and situation. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
- Suspension/Termination. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, we may in our sole discretion terminate your Account or suspend or terminate your access to the Service at any time, with or without notice for any reason. We will have no liability whatsoever on account of any suspension or termination of your access to or use of the Service. If you are under 18, your parent/guardian may request the termination of your account by contacting customer service at info@Roblox.com
- Purchases. All purchases of products and services from us (including, without limitation, purchases of ROBUX, virtual items, and memberships) are final and non-refundable, except as required by applicable law. By purchasing any products or services from us, you represent and warrant that you have the authority and right to use the payment method selected by you and that such payment method has sufficient credit or funds available to complete your purchase. If you believe someone has gained unauthorized access to your Account or used your Account without your permission, you must notify us within 45 days of the charge date by emailing us at info@Roblox.com. We reserve the right to close any account with unauthorized charges.
- Renewal. By purchasing a membership that renews, you acknowledge and agree that your membership will automatically renew and, unless you cancel your membership (which you can do at any time by clicking cancel membership on the Billing tab of your settings page), you hereby authorize us to charge the payment method associated with your Account for your membership renewal. We will notify you by email prior to each renewal of your membership that has a duration of 6 months or more. (We may also so notify you prior to each renewal of your membership that has a shorter duration.) The period of the membership renewal and the cost of the membership renewal will be the same as your current membership period unless otherwise disclosed to you when you sign up for the membership. You can cancel your membership at any time by going to the billing tab of the account settings page on our website and clicking cancel membership. If you cancel your membership, you receive the remainder of your period of membership that you've already paid for. We hope you enjoy your membership.
- ROBUX and Developer Exchange
- Roblox, in its sole discretion, may offer eligible users of the Service the ability to acquire a limited license to use its ROBUX virtual currency ("ROBUX"). If Roblox offers you the ability to acquire a license to use ROBUX, Roblox hereby grants you a non-exclusive, revocable, personal, limited, non-transferable (except as specifically set out in Section 5A(ii)(e) below) right and license to use ROBUX only for your personal, entertainment use exclusively in connection with the Service as permitted by us, subject to these Terms and your compliance with these Terms.
- Eligible users of the Service may acquire a limited license to use ROBUX: (a) by purchasing ROBUX from us; (b) by purchasing certain memberships from us that provide a specified amount of ROBUX; (c) by referring other users to the Service that purchase ROBUX or membership; (d) by creating certain UGC for the Service; (e) by receiving ROBUX from other users of the Service in connection with transfer of Content; and (f) through such other methods as we may offer from time to time. We will credit your Account for any ROBUX acquired by you. Your license to use ROBUX will terminate upon termination of these Terms or your Account and as otherwise provided herein, except as otherwise required by applicable law.
- ROBUX do not: (a) have an equivalent value in real currency; (b) act as a substitute for real currency; or (c) earn interest. ROBUX are not redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from Roblox or any other third party, except as expressly provided in these Terms or otherwise required by applicable law.
- All purchases of ROBUX are final and not refundable or exchangeable, except as required by applicable law. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute ROBUX except through the Service and as expressly permitted by us. Any disposition or attempted disposition of ROBUX in violation of these Terms will be void and will result in immediate termination of your Account and your license to ROBUX. Roblox does not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose ROBUX. We do not assume any responsibility for, and will not support, such transactions.
- Neither Roblox nor any other third party has any obligation to exchange ROBUX for anything of value, including, but not limited to, real currency, except as expressly provided in these Terms or otherwise required by applicable law. Roblox, in its sole discretion, may impose limits on ROBUX, including, but not limited to, the amount that may be purchased, earned, or redeemed.
- You acknowledge and agree that Roblox may engage in actions that may impact the perceived value or purchase price of ROBUX at any time, except as prohibited by applicable law.
- Except as otherwise prohibited by applicable law and except for the limited licenses granted under these Terms, we reserve and retain all rights, title, and interest in and to ROBUX.
- Roblox, in its sole discretion, has the absolute right to manage, modify, suspend, revoke, and terminate your license to ROBUX without notice, refund, compensation, or liability to you, except as otherwise prohibited by applicable law. Roblox makes no guarantee as to the nature, quality, or value of ROBUX or the availability or supply thereof.
- Developer Exchange
- Roblox, in its sole discretion, may allow eligible users of the Service to participate in its developer exchange (the “Developer Exchange”). Users participating in the Developer Exchange may redeem ROBUX for U.S. currency from Roblox based upon an exchange ratio and other requirements, procedures, and limitations established by Roblox in its sole discretion from time to time.
- Roblox, in its sole discretion, has the absolute right to manage, modify, suspend, revoke, and terminate the Developer Exchange without notice, refund, compensation, or liability to you, except as otherwise prohibited by applicable law.
Roblox Intellectual Property
- Ownership of our Intellectual Property. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“IP”) are protected by intellectual property and other laws. All IP contained in the Service are our property or our third-party licensors’ property. Except as expressly authorized by us, you may not make use of our IP. We reserve all rights to the IP not granted expressly in these Terms.
- License. The software included in the Service is licensed, not sold, to you for use only pursuant to the Terms and only in connection with your use of the Service. We reserve all rights not expressly granted to you. Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, personal, limited, revocable, non-transferable license to use the Service on compatible devices that you own or control for your personal, entertainment use. This includes the right to download and use software that we make available for download as part of the Service, in object code form only. You may not rent, lease, lend, sell, redistribute or sublicense the Service, including software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any underlying software or technology (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by us that replace and/or supplement any part of the Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
User Generated Content
- Generally. We will provide an opportunity for you to Provide to us UGC.
- Ownership and License to UGC. For any UGC you that you have ever Provided to us or that you will Provide to us (whether created solely by you or together with others), (a) between you and us, you retain copyright that you may hold in the UGC and (b) in consideration of using the Service and the potential to earn ROBUX discussed in the ROBUX section, you grant Roblox a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a user of the Service or not) to host, store, transfer, display, perform, reproduce, modify, create derivative works of, distribute and to use in any way, the UGC that you Provide, in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others, now known or hereafter developed), including for the production and sale of content and tangible products that depict or embody your UGC. Other than the potential to earn ROBUX, Roblox shall not be obligated to provide to you any compensation or other payments for any reasons, including for exploitation of the license discussed immediately above whether in relation to Service or otherwise, nor is Roblox obligated to exploit this license. BY ACCEPTING THESE TERMS AND CONTINUING TO USE THE SERVICE, YOU AGREE THAT THIS LICENSE APPLIES TO ANY UGC YOU PROVIDED TO US AT ANY TIME (FROM YOUR FIRST USE OF THIS SERVICE, WHICH MAY PREDATE YOUR ACCEPTANCE OF THIS VERSION OF THE TERMS).
- UGC Representations and Warranties. You are solely responsible for your UGC and you represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that you grant to us hereunder; and
- Your UGC, and the use of your UGC as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Roblox to violate any law or regulation.
- UGC Disclaimer. We are under no obligation to edit or control UGC that you or others Provide, and will not be in any way responsible or liable for UGC. Roblox may, however, at any time and without prior notice, screen, remove, edit, or block any UGC that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to UGC from a variety of sources and acknowledge that UGC may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Roblox with respect to UGC. If notified by a user or content owner that UGC allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice. For clarity, Roblox does not permit copyright-infringing activities on the Service. Please alert us of any inappropriate UGC or other materials you find on the Service.
Digital Millennium Copyright Act
Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on Roblox infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent at copyright_agent@Roblox.com or Legal, P.O. Box 1265, San Mateo, CA 94401. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to the Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
- Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on Roblox infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent at copyright_agent@Roblox.com or Legal, P.O. Box 1265, San Mateo, CA 94401. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Our policies prohibit you from Providing UGC that infringes trademarks. If you Provide UGC that infringes trademarks, your UGC can be blocked or removed.
- If you are a trademark owner that believes your trademark is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark rights. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact our Trademark Agent at copyright_agent@Roblox.com or Legal, P.O. Box 1265, San Mateo, CA 94401. When you contact us, please provide the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
- A description of the trademark right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Roblox Intellectual Property
Third Party Materials.
- Third Party Materials Disclaimer. Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Service, you may encounter Third Party Materials, such as third party advertisements and promotional content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that Roblox shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise.
- Use at Own Risk. In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Roblox makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
- Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Roblox and its officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the “Roblox Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or proprietary right, publicity or privacy right, property right, or confidentiality obligation; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimers; No Warranties.
- “As Is.” THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Roblox ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Roblox ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Roblox ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
- No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Roblox ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Roblox ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE Roblox ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
- Basis of Bargain. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution, Arbitration and No Class Actions
- No Class Actions and Severability. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and we agree as follows: (a) neither you nor we will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity; and (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding, and (c) if the class action waiver or any part of this Section 11 is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
- Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating any dispute.
- Arbitration of Disputes
- Agreement to Arbitrate. You and we agree to arbitrate all disputes (except those exceptions specifically set out in the next subsection) between you and us or our affiliates, except disputes related to our intellectual property rights. “Disputes” means any dispute, action, controversy or claim arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms. You and we empower the arbitrator with the exclusive authority to resolve any dispute, including without limitation any part of these terms is void or voidable.
- Disputes Excluded from Arbitration. We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim or to compel or uphold any arbitration decision hereunder. In such cases, neither you nor we shall need to follow the informal negotiations procedure and timeline set out in the next subsection.
- Informal Negotiations. To help get you and us to a resolution and to control costs for you and us regarding any dispute, you and we agree to first attempt to informally discuss and try to negotiate a resolution to any Dispute (except the Disputes specifically set out below) for at least 60 days from when notice of the dispute is sent. Those informal negotiations will commence upon written notice from you to us or us to you. We will send our notice to your registered email address and and any billing address that you provided to us. You will send your notice to Roblox Corporation, Legal Department, 60 E 3rd Ave #115, San Mateo, CA 94401. After 60 days, you or we may commence arbitration. If the dispute cannot be resolved within that time period, and if either you or we desire to continue the dispute, the party desiring to continue the dispute shall commence arbitration.
- Commencing Arbitration. If you and we do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY AND GIVING UP YOUR RIGHT TO A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”). You can find more information at www.adr.org or by calling 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
- Fees and Location. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Mateo County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- Choice of Forum for Disputes That Are Not Subject to Arbitration. You and we agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Northern District of California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Notice Regarding Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 12. You acknowledge that these Terms are between you and Roblox only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Notice to California Residents
- Complaints. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- Minors. If you are a California resident under the age of 18, you may request and obtain removal of certain personal content or information you have publicly posted to the Service. This generally includes personally identifiable information, but does not include anonymized information, or UGC that you Provide (because you’ve received consideration for Providing it). To make such a request, please send an email to info@Roblox.com. All requests must include your username and must provide a specific description of the content or information that you want removed so that we can locate that content or information. We will not accept requests via postal mail, telephone or facsimile. We may not be able to respond if you do not provide complete information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
- Survival. Any part of these Terms which by their nature should survive the termination of these Terms, shall survive such termination, including without limitation Sections 6(B)(ii), 8, 9, 10 and 11, 15 and 16.
- Waiver. No waiver of any part of these Terms by either Party shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.
- Contact Information. The Service is offered by Roblox Corporation located at 60 E 3rd Avenue, Suite 201, San Mateo, CA 94401. You may contact us by sending correspondence to that address, by emailing us at info@Roblox.com or calling us at (888) 858-2569. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms.