Terms of Sale
1. Introduction
Certain products, services, and content may from time to time be made available to you ("you") by Roll 4 Gravity INC. or its affiliates (referred to herein as "us", "we", or "Roll 4 Gravity") in connection with the website available at https://www.roll4gravity.com, Roll 4 Gravity's network of websites and software applications, or other products or services offered by Roll 4 Gravity (the "Roll 4 Gravity Services").
By purchasing products, services, or content, including any purchases made as a gift to another user, through the Roll 4 Gravity Services that link to these Terms of Sale ("Ancillary Products and Services"), you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases of Ancillary Products and Services and your use of the Roll 4 Gravity Services are also governed by Roll 4 Gravity's Terms of Service ("Terms of Service"), into which these Terms of Sale are incorporated by reference. For the avoidance of doubt, Section Other Legal Terms of the Terms of Service, including its sub-sections for Warranty Disclaimer, Limitation of Liability, and Indemnity Disclaimers also apply to your purchases of Ancillary Products and Services and your use of those purchases on the Roll 4 Gravity Services.
PLEASE READ THESE TERMS OF SALE AND THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Modification of these Terms of Sale
Roll 4 Gravity may amend any of the terms of these Terms of Sale by posting the amended terms and updating the "Last Updated" date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchase or renewal of Subscription Services (as defined below) made after such changes are posted on the Roll 4 Gravity Services. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such a transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Roll 4 Gravity Services.
For residents of the European Union, the European Economic Area, the United Kingdom, or Switzerland who are acting as a consumer (i.e., for a purpose which can be regarded as being outside your trade, craft, or profession) ("Consumer"), with regard to active recurring Subscription Services, Roll 4 Gravity will provide reasonable prior notice of changes to these Terms of Sale. To the extent permitted by applicable law, not canceling your Subscription Services before the next renewal of your Subscription Services will be deemed your consent to the modified terms that will take effect at the time of your next renewal. Where required by applicable law, Roll 4 Gravity will ask for your consent to the modified Terms.
3. Purchase Qualifications; Account Security
To make a purchase on the Roll 4 Gravity Services, you must be a registered Roll 4 Gravity Services user and comply with these Terms of Sale and the Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Roll 4 Gravity sells its Ancillary Products and Services only to those users who can legally make purchases with a Payment Method (defined below) accepted by Roll 4 Gravity. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may make purchases on the Roll 4 Gravity Services only with the permission of a parent or legal guardian who agrees to be bound by these Terms of Sale. Roll 4 Gravity reserves the right to refuse or cancel orders or terminate accounts at any time in its sole discretion.
4. Payment Methods and Terms
You understand that the Roll 4 Gravity Wallet lists your available payment methods. Your Roll 4 Gravity Wallet does not hold funds but is a mechanism for tracking and accessing your payment methods.
We accept and process payment through our payment partner, Stripe, Inc. ("Stripe"). Stripe accepts many forms of payment, but there are no guarantees or warranties made that either Roll 4 Gravity or Stripe accepts or is capable of processing your preferred payment method. By partnering with Stripe, Roll 4 Gravity is able to accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through the Roll 4 Gravity Services ("Payment Methods"). You are subject to all terms and conditions of the Payment Method you choose. By submitting an order through the Roll 4 Gravity Services, you represent and warrant that you are authorized to use the designated Payment Method and authorize Roll 4 Gravity, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. All payments are to be made in United States Dollars, except where other currencies are offered via the Payment Methods made available by Roll 4 Gravity or its affiliates.
You may save a Payment Method for future purchases, including automatic payments for Subscription Services. If you save a Payment Method, that Payment Method will automatically be used for future purchases of Ancillary Products and Services unless you elect to change it. In order to save a Payment Method, you must submit all required information on any forms presented to you. The information you provide must be current, complete, and accurate, and you must maintain it as such. We may require you to provide additional information as a condition of continued use of Ancillary Products or Services or to help us determine whether to permit you to continue using one or more aspects of the Roll 4 Gravity Services. When you save a Payment Method, Roll 4 Gravity, utilizing its payment processing partner Stripe, may store information related to the Payment Method, such as its card number and expiration date and your name and billing address. You authorize us to confirm that your Payment Method is in good standing with its provider, including without limitation, by submitting a request for a payment authorization and/or a low-value credit and/or debit to the Payment Method, in accordance with network rules or other requirements applicable to the Payment Method. You also agree that Roll 4 Gravity may update your Payment Method information, including expiration date and card number, based on information received from your card issuer under certain account update programs created by payment networks. Roll 4 Gravity may reflect these changes in your saved Payment Method information to help prevent payment failure or service termination.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government-issued ID, your legal name, address, and date of birth) for the purpose of making payment through their financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your Payment Method, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your purchase. If the transaction is not accepted online, please contact customer support via our Help Desk.
Roll 4 Gravity may impose an additional transaction fee based on transactions associated with the Roll 4 Gravity Services, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
5. Subscription Services
Roll 4 Gravity may offer certain Ancillary Products and Services in connection with the Roll 4 Gravity Services on a subscription basis ("Subscription Services") as disclosed to you when you subscribe to any Subscription Service. For Subscription Services that renew automatically, you agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You also agree that your Subscription Service will renew continuously for the agreed subscription time period until you cancel it. If you are signing up for a Subscription Service under a promotional offer, some additional terms may apply. These terms, if any, will be provided to you before you sign up.
a. Subscription Services - Automatic Payments
If you purchase a Subscription Service, you hereby grant Roll 4 Gravity permission to automatically charge the subscription fee to your chosen Payment Method (which may be your saved Payment Method) at the beginning of each applicable payment period until you cancel the Subscription Service. Your access, or the gift recipient's access, to the Subscription Services will not be established until Roll 4 Gravity has verified that the credit card or other payment information you provide Roll 4 Gravity for payment is accurate and that your Payment Method account is in good standing.
You further agree that Roll 4 Gravity may charge any other applicable fees for the Roll 4 Gravity Services or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your Payment Method, including any early termination fee.
You are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address, and if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Roll 4 Gravity if your selected Payment method is canceled (e.g., for loss or theft).
Roll 4 Gravity reserves the right to discontinue or modify any Subscription Services fee payment option. If we do so, we will provide notice of such discontinuance or modification by email or through the Roll 4 Gravity Services in advance of the next billing date.
To the extent permitted by applicable law, Roll 4 Gravity reserves the right to suspend or cancel your access to any Subscription Service without notice (or after providing reasonable notice where required by applicable law), upon rejection of any due charges, or if your Payment Method (or its agent or affiliate) causes the return of payments previously made to Roll 4 Gravity when you are liable for the charges. Any other requirements that may apply to our right to cancel your Subscription Service for your default in payment under applicable law shall remain unaffected by the foregoing sentences.
b. Cancellation of Subscription Services
You may cancel your Subscription Service at any time by selecting the "Do Not Renew" option under your subscription settings in the relevant Roll 4 Gravity Services, or by utilizing any other cancellation method that may be available to you under applicable law. Roll 4 Gravity may cancel your Subscription Service by giving you notice by email or through the Roll 4 Gravity Services.
Either party's cancellation under the prior paragraph is effective at the end of the current payment period and your Subscription Services will continue until the end of the current payment period.
c. Modification of Subscription Services
Roll 4 Gravity may periodically make changes to Subscription Services offers and pricing in your jurisdiction, including without limitation to recurring subscription fees, to reflect changes to our business, such as increased costs. When we do so, we will post the revised Subscription Services information on the Roll 4 Gravity Services. For active recurring Subscription Services, we will provide reasonable prior notice of such changes. Unless otherwise indicated and to the extent permitted by applicable law, any offer or price change will take effect at the start of the next subscription period following the date of the change. By continuing to use the Subscription Service after the offer or price change takes effect, you will have accepted the new offer or price. If you do not wish to accept such a change, you should cancel your Subscription Service before the change takes effect.
6. Digital Content
The Ancillary Products and Services that Roll 4 Gravity may offer, on a promotional basis or for purchase, may include Dice ("Dice"), which are digital content (i.e., emoticons, iconography, emojis) that allow you to celebrate moments and express appreciation for specific Game Masters using the Buy Me Dice feature ("Buy Me Dice" or "BMD") on the Roll 4 Gravity Services. The Ancillary Products and Services may also include:
Certain rewards or benefits ("Rewards") provided to BMD users.
Tokens ("Tokens"), which are a digital license redeemable on the Roll 4 Gravity Services for Subscription Services or other Roll 4 Gravity Services. You may get a limited license and right to use Tokens by purchasing Ancillary Products and Services. Collectively, Dice, Rewards, and Tokens will be called "Digital Content."
Your use of Digital Content is subject to Roll 4 Gravity's Terms of Service, including this Terms of Sale.
Digital Content has no monetary value (i.e., is not cash or equivalent), and does not constitute currency or property of any type. Digital Content cannot be sold or transferred to third parties, including other users, cannot be used outside the Roll 4 Gravity Services, and cannot be exchanged for cash or for any other goods or services. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Digital Content, which remains Roll 4 Gravity Digital Content subject to the Terms of Service. Except as required by applicable law in your jurisdiction, Digital Content is non-refundable. You may not obtain a refund for Dice once purchased. Tokens that have been used or redeemed will not be returned. You may not purchase, sell, barter, or trade any Digital Content, or offer to purchase, sell, or trade any Digital Content (including for money or any other consideration or items of value whether inside or outside of the Roll 4 Gravity Services). Roll 4 Gravity and you recognize that any such attempted transfer will be null and void.
Although Roll 4 Gravity may share revenue generated from the sale of Digital Content with a Game Master or future other parties, receiving the Digital Content, subject to the agreement solely between Roll 4 Gravity and the Game Master or future other parties as the case may be, Digital Content is not intended to be used as a means to provide compensation or financial support to the Game Master or future other parties, and Roll 4 Gravity makes no assurances to any user that any Game Master or future other parties receiving Digital Content will receive a financial benefit.
Roll 4 Gravity does not guarantee that Digital Content will be available at all times or at any given time. Roll 4 Gravity does not guarantee that we will continue to offer Digital Content for any particular length of time. Roll 4 Gravity may modify Digital Content at our sole discretion, and such modifications may make Digital Content more or less common, desirable, effective, or functional. Roll 4 Gravity may immediately suspend or terminate Digital Content for any or no reason, in our sole discretion, and without advance notice or liability. If Digital Content is discontinued by Roll 4 Gravity, you may have an amount of time deemed reasonable by Roll 4 Gravity in its sole discretion from the date that termination is announced to use your remaining Digital Content. Any purchased or accumulated Digital Content remaining in your account at the time of termination will be forfeited and no compensation will be provided.
Roll 4 Gravity may increase the number of Dice required to earn Rewards, withdraw any Reward, and restrict any Reward or Reward redemption at any time, even though such changes may affect the utility of Digital Content, or the ability to obtain certain Rewards. You should not rely upon the continued availability of any Reward or Reward level, category, or tier.
Roll 4 Gravity reserves the right to change and update our inventory of Digital Content without notice. Roll 4 Gravity reserves all rights, title, and interest in Digital Content and Digital Content inventories, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Digital Content inventory will be forfeited to Roll 4 Gravity upon termination of your Roll 4 Gravity account.
Roll 4 Gravity reserves the right to deactivate any user from any Roll 4 Gravity Services for any reason or no reason. Once a user has been deactivated, any Digital Content accumulated by that user will be forfeited and may not be reinstated.
7. Refunds
a. Refund Policy
When you make a purchase on or receive a gift through the Roll 4 Gravity Services you have immediate access to, and use of, the Ancillary Products and Services you have purchased. Accordingly, except as detailed in these Terms of Sale, to the extent permitted by applicable law, cancellations are not permitted after a purchase, and we do not offer any refunds, including, without limitation, fees for Subscription Services. At any time, and for any reason, we may provide a refund or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are in our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Roll 4 Gravity reserves the right to modify this refund policy at any time.
Unless otherwise specified in these Terms of Sale or required under the applicable law in your jurisdiction, games, in-game items, and other digital goods are not returnable after purchase, including those purchased using third-party integrations.
b. EU, EEA & UK Right of Withdrawal/Cancellation
For residents of the European Union or the European Economic Area, or of the United Kingdom, who are acting as a Consumer, you may have a right to withdraw from or cancel the agreement for purchase of Ancillary Products and Services under these Terms of Sale within a specific cooling-off period. When and how this right may apply is explained in our EU, EEA & UK Consumer Right of Withdrawal Information.
8. Regional Pricing
Roll 4 Gravity may implement regional pricing programs in order to help viewers support their favorite Game Masters. Roll 4 Gravity may determine your eligibility for regional pricing using information such as your IP address, payment method location, self-reported residence, and indicators of fraudulent activity (such as unusual transaction volume). You agree that you will not misrepresent your place of residence (for example, by using a VPN) to fraudulently qualify for these pricing programs.
9. Third-Party Terms
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. For example, we may make available end user license agreements of third-party publishers with respect to the sale of digital goods and content on the Roll 4 Gravity Services. You are bound by such third-party legal terms, and we encourage you to read them.
10. Delivery
With respect to Ancillary Products and Services you purchase in connection with the Roll 4 Gravity Services, to the extent permitted by applicable law, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Roll 4 Gravity will have fully satisfied its obligation to deliver or otherwise provide such products, services, or content, regardless of any failure or inability to use such products, services, or content.
11. Service Descriptions, Availability, and Errors
Roll 4 Gravity and its suppliers and licensors continually upgrade and revise the Roll 4 Gravity Services to provide you with new Ancillary Products and Services. To the extent permitted by applicable law, Roll 4 Gravity may revise, discontinue, or modify Ancillary Products and Services at any time without prior notice to you. Roll 4 Gravity shall have no liability of any kind if an Ancillary Product or Service that has been ordered is unavailable. If necessary, Roll 4 Gravity reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service, or content is unavailable.
We attempt to be as accurate as possible and eliminate errors on the Roll 4 Gravity Services; however, we do not warrant that any Ancillary Products and Services or description, photograph, pricing, or other information of a product, service, or content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Roll 4 Gravity Services, in an order confirmation, in processing an order, delivering an Ancillary Product or Service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Roll 4 Gravity reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of an error is to cancel your order and obtain a refund or credit as set forth above.
12. EU/EEA/UK/CH Warranty Rights
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, there are warranty rights under applicable law in case of any non-conformity of digital content and services. Such rights shall remain unaffected by these Terms of Sale. In such a case, Roll 4 Gravity offers no further implied or statutory warranties or conditions with regard to digital content and services, and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.
You acknowledge that we may change the content and character of active Subscription Services from time to time without causing its non-conformity, including when needed to comply with applicable law or regulation, or for justified commercial, security, or operational reasons, and including to make any improvements to your access to the Roll 4 Gravity Services.
13. Taxes
You are responsible for any applicable national, state, or local sales or use taxes, value added taxes ("VAT") or similar taxes or fees payable in connection with your purchase of any products, services, or content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes, or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Roll 4 Gravity reserves the right to collect such taxes or other fees from you at any time.
14. Miscellaneous
Roll 4 Gravity INC. is the seller of record of Ancillary Products and Services unless otherwise disclosed in connection with a particular Ancillary Product or Service.
15. Questions
Please write to:
Purchase Support
Roll 4 Gravity INC.
2120 Avy Ave
Unit 7275
Menlo Park, CA 94028
USA
Roll 4 Gravity INC. is a company registered in the U.S. State of Delaware
The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/od. Please note that Roll 4 Gravity is not obliged to participate in such dispute resolution.
v0.1 February 7, 2024