Terms of Service
#Terms of Service
Last Updated August 31, 2023
Welcome to Adopt Me! These Terms of Service govern your access and the use of the Services, as defined herein. These Terms are a legally binding agreement between you and Uplift Games LLC. Read this agreement carefully before using the Services.
We may amend these Terms at any time by posting revised Terms via the Adopt Me website. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
You understand that by using Services, you agree to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services.
By using the Services, you confirm that you are not barred from using the Services under applicable law.
ADOPT ME! IS AN INDEPENDENT EXPERIENCE THAT OPERATES ON THE ROBLOX PLATFORM. NEITHER ADOPT ME! NOR UPLIFT GAMES LLC IS AFFILIATED WITH, ENDORSED BY, OR OTHERWISE CONNECTED TO THE ROBLOX CORPORATION. THE TERMS "ROBLOX," AND ANY OTHER ROBLOX PRODUCT MARKS, TRADEMARKS, LOGOS, WORD MARKS, OR SERVICE MARKS, ALONG WITH THE ROBLOX PLATFORM AND UNDERLYING MATERIALS THEREIN, INCLUDING ROBLOX AVATARS OR PROPRIETARY TECHNOLOGY OR WORKS OF AUTHORSHIP ARE THE PROPERTY OF THE ROBLOX CORPORATION. USE OF THE FOREGOING DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT OF ROBLOX BY COMPANY.
These Terms are effective as of February 22, 2023.
"Account" means, any account you create via the Roblox Platform you use to access the Game.
"Company" means Uplift Games LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
"Game" means the online experience operating on the Roblox Platform known as Adopt Me! and any associated updates, content, or materials therein.
"Game Items " means any pets, vehicles, accessories, or other items that Users may collect within the Game or purchase via Robux.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
"Notice" means a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address and will be effective upon receipt.
"Protected Content" means all non-User Generated Content included as part of the Services, including, but not limited to, Game Items text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein.
"Roblox" means the company known as Roblox Corporation, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors.
"Roblox Platform" means the website https://www.roblox.com/ and any inclusive subdomains as well as the Roblox app on mobile devices, and the Roblox Game download on video game consoles such as Xbox One and any other future console platforms.
"Services" means the Game and, any website, game, device, platform, content, Game Items, and other related products and services provided by Company, Company affiliates, and any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. The Services include, without limitation, any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and Company clients and server software.
"Terms of Service" or "Terms" means any and all terms, conditions, obligations, covenants, representations, and warranties contained herein.
"User," "you" or "your" means any user of the Services or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
#4. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor who has been authorized under the provisions of Section 4(b) below.
You acknowledge and agree that Roblox may divide and subsequently provide different services to Users based on their age.
If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration of Company allowing access to the Service by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
#5. License to the Services
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with these Terms. You may not access, copy, modify or distribute the Services, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights. Prohibited Use. You may not do any of the following with respect to the Services or any components thereof:
a. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
b. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms; and
d. Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted these Terms or by applicable law notwithstanding this limitation;
#5.1 License to Game Items
- Trading the Game Items outside of the Game, including trading the Game Items for third party Roblox experiences or items therein;
- Exchanging the Game Items for real world goods and services;
- Exchanging the Game Items for Robux, cash, currency, cryptocurrency, or any other medium of exchange;
- Using any non-Roblox or third-party platform, person, or entity, to exchange Game Items;
- Including the Game Items as a gift, donation, incentive, bonus, add-on, or similar in connection with the purchase or delivery of any other good or service; or
- Include the Game Items as a prize or winnings or otherwise as part of any contest, give-away, lottery, sweepstakes; game of skill, or game of chance.
#7. Service Availability and Termination
You acknowledge and agree that:
- Company or Roblox may, in their absolute discretion, provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
- Company or Roblox have the discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
- Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- The Services may not be offered in all countries or geographic locations.
#8. Game Item Transactions
Game Items may be made available for purchase within the Game. Certain items may also be purchased via the Roblox store. Any information regarding Game Items (including pricing) and the availability of any Game Items (including the validity of any coupon or discount) are subject to change at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Game Items. We make reasonable efforts to accurately display the attributes of Game Items, including the applicable colors, however the actual colors and resolution you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors or resolution.
YOU ACKNOWLEDGE AND AGREE THAT ALL GAME ITEMS IS PROVIDED ON AN "AS IS" BASIS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ALL GAME ITEMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE RESERVE THE RIGHT TO REMOVE OR REPLACE GAME ITEMS AT ANY TIME, WITH NO LIABILITY TO YOU.
#9. Company Disclaimer and Limitation of Liability
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to Roblox, and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any Game Items, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY'S MAXIMUM LIABILITY UNDER THESE TERMS WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY'S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
#10. Use of Communications Services
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
#11. Prohibited Conduct
As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Harvest or collect the email addresses or other contact information of other users from the Services;
- Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Access any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose; and
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
#12. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
#13. Representations and Warranties
#14. Links to Third Party Sites and Services
The Services may contain links to third party websites. The third-party websites are not under the control of Company or any part of the Services and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
#15. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
#16. Intellectual Property
All Protected Content is the property of Company or, as applicable, its third-party suppliers or licensors, and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content's third-party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.
#17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You hereby agree to release Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors operating in connection therewith, from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a Dispute between you and a third party (including other Users) in connection with the Services any content therein. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, third parties, assigns, subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, from and against any and all third party claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney's fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
#20. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration pursuant to the Federal Arbitration Act. The arbitration will be conducted before a single neutral arbitrator in accordance with the rules of JAMS and the Federal Arbitration Act. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow California law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, and will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.
The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Los Angeles County, California. In that respect, you hereby consent to the jurisdiction of the State of California and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
#21. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
#22. Termination and Access Restriction
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Company's performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
Questions and Feedback If you have any questions or comments about these Terms or our Services, please contact us at: email@example.com