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terms of use

This policy is effective as of 28th January 2024 and was first published on 28th January 2024

This website is owned and operated by Lee Winder ("Rising Dice", "Company", "owner", “we”, “us”, or “our”). These Terms of Use ("Terms") state the terms and conditions under which you may use https://www.risingdice.com, related services available through https://www.risingdice.com as well as any other media forms (collectively, the "Website").

 

You agree that by accessing the Website and any future agreements, you have read, understood, and agreed to be bound by these Terms.

 

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE, YOU MUST IMMEDIATELY STOP ALL USE OF THE WEBSITE AND ANY RELATED SERVICES.

We reserve the right to modify these terms from time to time at our sole discretion. We will alert you about any changes by updating the “Last updated” date of these Terms. You will be subject to, and will be deemed to have accepted, the changes in any revised Terms by your continued use of the Website or services after the date any such revised Terms are published.

 

Any content on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any local laws or regulations, or which would subject us to any registration requirement within such jurisdiction or country beyond what we already provide. As such, any person or entity, either individually or as a representative, who access the Website from other locations do so on their own accord and are solely responsible for compliance with local laws as applicable.

 

The Website do not comply with any industry-specific regulations (e.g. Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your use of the Website would be covered by such laws, you may not use this Website.

 

You may not use the Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Villainous Card List

Age Restrictions

The Website and all related services are for clients who are at least 18 years old, and any one under the age of 18 is not permitted to use the Website or any of the provided services.

In order to use our Website and/or our services, you must be at least 18 years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

User Representation

By using the Website, you ensure and state that

  • all information you submit will be true, accurate, current, and complete to the best of your knowledge

  • you have the legal capacity to understand, agree to, and comply with these Terms

  • you will not use the Website for any illegal or unauthorized purposes

  • you are not a minor or under the age of 18 in the jurisdiction in which you reside

  • your use of the Website will not violate any applicable law or regulation

You agree that if you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse all current or future use of the Website.

Intellectual Property Rights

 

Unless otherwise indicated, the Website, services and all materials therein is our proprietary property which covers, without limitation, source code, data stores, functionality, software, designs, audio, video, text, photographs, and graphics on the Website (“Content”). The trademarks, service marks, and logos contained therein (“Marks”) are protected by copyright and trademark laws, or other international intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Website “as is" for your information and as examples of the services provided.

 

No part of the Website and no Content or Marks may be copied, aggregated, reproduced, republished, uploaded, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose whatsoever, without our express prior written permission.

All content shown or captured of games, card games or other products remain the Marks of the respective owners.

Prohibited Activities

 

You may not use the Website for any purpose other than what the Website is provided for

 

As a user of the Website, you agree not to

  • Retrieve data or other content from the Website to create or compile a collection, compilation, database, or directory of information without prior written permission from us

  • Trick, defraud, or mislead us and other users to learn sensitive information about other users

  • Circumvent, disable, or interfere with the security of the Website, including features that enforce limitations on the use of the Website and/or the Content presented

  • Disparage, tarnish, or otherwise harm the reputation of us and/or the Website

  • Use any information obtained from the Website to harass, abuse, or harm another person

  • Submit false reports of abuse or misconduct via our support channels

  • Upload or attempt to upload viruses or any other material that interferes with any persons uninterrupted use of the Website or modifies and/or disrupts the use, operation or maintenance of the Website

  • Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools

  • Use the Website in an unauthorised manner, such as harvesting usernames and/or email addresses of other users for the purpose of sending unsolicited communications

  • Create bot accounts by automated methods or under false pretenses

  • Upload or attempt to upload material that acts as a passive or active information collection or transmission service, including but not limited to, tracking pixels, bugs or cookies

  • Create undue load on the Website or the networks or related services that form the services provided by the Website

  • Attempt to bypass any security measures designed to prevent or restrict access to the Website, or any element of the website you do not have access to

  • Copy or modify any code or software provided by the Website, including but not limited to HTML, JavaScript, or other code or intellectual property

  • Decompile, disassemble, or reverse engineer any of the code or software provided by the Website

  • Unless as a result of search engine or Internet browser usage or distribute any automated system, including but not limited to, any crawlers, scrapers, or offline readers that accesses the Website

  • Use the Website and any provided services as part of an effort to compete with us or use the Website to provide services for revenue-generating endeavours or commercial enterprise without our prior written consent

  • Use the Website in a way the contravene any applicable laws or regulations

Third-Party Websites And Content

 

The Website may contain or direct you to content from other websites ("Third-Party Websites") which includes, without limitation, text, pictures, music, sound, video, information and software ("Third-Party Content").  The Third-Party Websites and Third-Party Content are not investigated or monitored for accuracy, appropriateness or completeness by us, and we are not responsible for content posted on, available through, or installed from the Third-Party Websites, including without limitation, offensiveness, opinions, accuracy, reliability, privacy practices, or other policies of or contained therein.

 

Including, linking, or permitting the use of Third-Party Websites or Third-Party Content does not imply approval or endorsement of this content by us. If you decide to leave the Website and access Third-Party Websites or use any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer apply. You are responsible for reviewing any related terms and policies, including privacy and data gathering policies, of any Third-Party Website which you navigate to from the Website.

 

We do not recommend or endorse any products or services offered on Third-Party Websites, including those that you purchase directly, and you shall hold us harmless for any harm caused by your purchases. Additionally, you will hold us harmless from losses sustained or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

Privacy Policy

 

Your privacy is important to you, so it's important to us and you must ensure you read and understand our Privacy Policy. By using the Website, you automatically agree to our Privacy Policy which is incorporated into these Terms by reference.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Communications, Transactions, And Signatures

 

Visiting the Website, sending us communications via services such as email, social media, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement where communication must be in writing.

 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments by any means other than electronic means.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time at support@risingdice.com

 

Governing Law

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom of Great Britain, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United Kingdom of Great Britain.

The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Corrections

There may be content and information on the Website that contain errors, including but not limited to inaccuracies, typographical errors or omissions, including descriptions, explanations, pricing, and other information not covered here. We reserve the right to correct these errors and to modify or update the information on the Website at any time, without prior notice.

Disclaimer

 

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY LINKED CONTENT TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF OR IN ANY CONTENT AND MATERIALS

  2. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM

  3. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE

  4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY

  5. ANY INTERRUPTION, ERROR OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE

  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

WE DO NOT WARRANT, GUARANTEE, ENDORSE, OR TAKE ON ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, ANY HYPERLINKED OR EMBEDDED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AS NEEDED AND WHERE APPROPRIATE.

 

 

Limitations Of Liability

 

IN NO EVENT WILL WE OR ANYONE RELATED TO RISING DICE IN ANY CAPACITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOST PROFIT, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

 

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

Indemnification

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of

 

  • use of the Website

  • breach of these Terms

  • your violation of the rights of a third party, including but not limited to intellectual property rights

  • any breach of your representations and warranties set forth in these Terms

  • any overt harmful act toward any other user of the Website with whom you connected via the Website

Not withstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Dispute and Complaint Resolution

 

EU Residents

 

If you believe any complaint with us has not been resolved satisfactorily, you can access the online dispute resolution platform provided by the European Commission. If you wish to raise a dispute, and would like to make us aware, you can contact us via support@risingdice.com.

 

 

California Residents

 

If you believe any complaint with us has not been resolved satisfactorily, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

If you wish to raise a dispute, and would like to make us aware, you can contact us via support@risingdice.com.

 

 

Miscellaneous

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to other persons or entities at any time.

 

We shall not, in any way or capacity, be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Future Contracting

Any contracts agreed in future between you and Rising Dice will implicitly include these Terms, unless otherwise stated.

Contact Us

For any questions or concerns regarding the Terms, please email us at support@risingdice.com.

All content on this site is copyright of Lee Winder and is licensed under CC BY-NC-ND 4.0 unless stated otherwise.

All product names, logos and brands used in our websites are properties of their respective owners and are used for identification, representation or example purposes only. 

 

Use of these names, logos and brands does not imply endorsement.

 

View our Terms of UsePrivacy Policy and Cookie Policy.

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