Terms of Use

Effective Date: Feb 3, 2025

1. Introduction and Overview

These Terms of Use represent a binding agreement between you and Bad Robot Games, LLC governing your use of play4loop.com and related services. The document includes mandatory arbitration and class action waiver provisions that significantly affect your legal rights, including your right to sue in court or have a jury hear claims.

2. Service Use

A. Content

Bad Robot Games owns all materials, including layouts, text, images, videos, software, trademarks, and other intellectual property on the Service, protected by U.S. and international law.

B. Limited License

You receive a limited, non-exclusive, revocable license to download and view Content for personal, non-commercial use only on your devices. This license grants no ownership rights and may be terminated anytime without notice.

C. Restrictions

Users must be at least 13 years old. Prohibited activities include: commercial use, unlawful conduct, harvesting information, reverse engineering, interfering with security, infringing rights, and violating these Terms.

D. Availability

Bad Robot Games may suspend or terminate service access at any time, in its sole discretion, without advance notice or liability.

E. Reservation of Rights

All rights not expressly granted are reserved by Bad Robot Games and its licensors. Unauthorized use is prohibited.

3. Copyright Infringement

A. DMCA Notification

To submit copyright infringement notices under the Digital Millennium Copyright Act (17 U.S.C. § 512), provide:

• Physical or electronic signature of copyright owner or authorized representative
• Identification of copyrighted work
• Location information of infringing material
• Your contact details
• Good faith belief statement
• Accuracy statement under penalty of perjury

Designated Agent: Legal Counsel, legal@badrobotgames.com

B. Counter Notification

If material was removed in error, submit counter notification with:

• Physical or electronic signature
• Identification and location of removed material
• Good faith belief statement about mistake or misidentification
• Your name, address, telephone, and consent to jurisdiction statement

4. Customer Support

Questions should be directed to hello@badrobotgames.com. Bad Robot Games provides customer support at its sole discretion with no obligation to do so. Legal notices must be mailed to: 16000 Ventura Blvd. Suite 900 | Encino, CA 91436.

Electronic communications satisfy written communication requirements.

5. Third Party Services

The Service contains links to third-party websites and services not owned or controlled by Bad Robot Games. Bad Robot Games is not responsible for third-party content, products, or services. Users access them at their own risk.

6. Service Features

A. Wireless Features

The Service may offer wireless Device features. Bad Robot Games may collect usage information and modify Device settings to optimize access. Standard data rates and carrier fees apply.

B. Communications

Users can opt-out of promotional emails by clicking unsubscribe links in emails or contacting hello@badrobotgames.com with "UNSUBSCRIBE" in the subject line. Opt-out applies only to the specific email address used and doesn't affect non-promotional messages.

7. Agreement to Arbitrate Disputes and Choice of Law

A. Mandatory Arbitration Agreement

You and Bad Robot Games agree to resolve claims through final binding arbitration, except for Bad Robot Games' intellectual property infringement claims, which may proceed through injunctive relief in court.

B. Arbitration Definition

Arbitration is informal and quicker than court proceedings. A neutral arbitrator decides cases instead of a judge or jury, with authority to award the same damages and relief as courts.

C. Arbitration Procedures

The Federal Arbitration Act governs this provision. Disputes are referred to JAMS under Streamlined Arbitration Rules before one arbitrator. Instructions and demand forms available at http://www.jamsadr.com or 1-800-352-5267.

To initiate arbitration:

1. Write demand for arbitration with claim description and damages sought
2. Send three copies with filing fee to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
3. Send one copy to the other party

Filing, administration, and arbitrator fees governed by JAMS Rules. Hearings by telephone or in-person. Disputes may resolve through document submission without hearings. Locale typically the consumer's home address county or mutually agreed location. Each party bears own arbitration costs unless arbitrator determines it would be undue burden, then Bad Robot Games covers administrative costs (not attorney fees). Arbitration under California law without conflict of laws application. Arbitration awards same damages as courts, including injunctive relief. Judgment may be entered in any competent court.

D. Arbitrator Authority

The arbitrator decides rights and liabilities without consolidation with other matters or parties. Authority includes dispositive motions, monetary damages, and non-monetary relief available under law. Written award with findings and conclusions required. Award is final and binding.

E. No Class Actions

Disputes resolved individually only. No class arbitrations, class actions, private attorney general actions, or consolidation permitted.

F. Representative PAGA Waiver

Both parties expressly agree not to assert representative actions under California's Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.) in court or arbitration. PAGA claims resolved individually only regarding personal aggrievement. Scope, applicability, and enforceability of this waiver determined by civil court, not arbitrator. If unenforceable: the provision severs; arbitration requirement remains; representative PAGA claims litigated in civil court; litigation stays pending individual arbitration outcomes.

G. Arbitration Exceptions

Arbitration not required for: small claims actions within court jurisdiction, or representative PAGA actions deemed unenforceable by competent court under applicable law.

H. Jury Trial Waiver

Parties waive constitutional and statutory rights to court trials before judges or juries. All claims resolved by arbitration. If litigation occurs regarding arbitration awards, parties waive jury trial rights. You acknowledge consulting an attorney before accepting this provision.

I. Choice of Law/Forum Selection

In situations permitting litigation, these Terms governed by California law, excluding conflict of law rules. Exclusive jurisdiction and venue in Los Angeles, CA courts.

J. Opt-Out of Arbitration

You may decline arbitration by emailing legal@badrobotgames.com within 30 days of first accepting Terms with: your name, Terms URL, address, phone number, and clear opt-out statement.

8. Disclaimer of Representations and Warranties

The Service provided "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Bad Robot Games makes no representations, warranties, or endorsements, express or implied, statutory or otherwise, regarding Content or services, including implied warranties of title, non-infringement, merchantability, fitness for particular purpose, quiet enjoyment, and freedom from computer virus.

By accessing the Service, you represent and warrant your activities are lawful in every jurisdiction where you access it.

Exception: These disclaimers exclude product liability claims, statutory consumer rights, and damages from personal injury or resulting from Bad Robot Games' intentional misconduct, recklessness, fraud, or gross negligence.

9. Limitations of Our Liability

To maximum extent permitted by law, Bad Robot Games Parties not liable for any loss, damage, or injury, including direct, indirect, special, incidental, exemplary, consequential, or punitive damages, system failure, malfunction, loss of profits, data, use, business, or goodwill arising from the Service, these Terms, or misuse.

Exception: These disclaimers exclude product liability claims, statutory consumer rights, and damages from personal injury or resulting from Bad Robot Games' intentional misconduct, recklessness, fraud, or gross negligence.

10. Indemnification

You agree to defend, indemnify, and hold harmless Bad Robot Games Parties from claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from: (i) your breach of Terms; (ii) Service misuse; (iii) violation of laws; (iv) violation of third-party rights including intellectual property; (v) third-party service use; or (vi) your misrepresentation.

Bad Robot Games may assume exclusive defense and control at your expense. You must cooperate with defense and not settle without written consent.

Exception: You need not indemnify for Bad Robot Games' unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or concealment of material facts.

11. Waiver of Injunctive or Other Equitable Relief

To maximum extent permitted by law, you agree you cannot obtain injunctions or other equitable relief preventing development or exploitation of Bad Robot Games' websites, applications, content, products, services, or intellectual property.

12. Updates to Terms

Bad Robot Games reserves the right to modify these Terms anytime without prior notice. Changes posted on the Service or emailed are effective immediately or at specified later dates. If you object, your sole remedy is ceasing Service use.

13. General Provisions

A. Consent or Approval

No Bad Robot Games consent is valid unless written and signed by an officer.

B. Survival

Provisions surviving termination include: Service Use (except limited license), Copyright Infringement, Customer Support, Third Party Services, Service Features, Arbitration and Choice of Law, Disclaimers, Liability Limitations, Indemnification, Injunctive Relief Waiver, Updates, and General Provisions.

C. Severability; Interpretation; Assignment

Invalid provisions sever without affecting remaining Terms. You waive statutory and common law provisions permitting contract construction against drafters. Section headings for convenience only. Bad Robot Games may assign rights and obligations anytime without notice. You cannot assign without prior written officer consent.

D. Complete Agreement; No Waiver

These Terms and Additional Terms constitute complete agreement and supersede prior agreements. No failure or delay constitutes waiver. Modifications require written signatures.

E. International Issues

Bad Robot Games operates from the U.S. and makes no representation about international appropriateness. UN Convention on Contracts for International Sale of Goods doesn't apply. Software may be subject to U.S. export controls; unauthorized export prohibited.

F. Investigations; Cooperation with Law Enforcement

Bad Robot Games reserves the right to investigate suspected breaches and disclose information as necessary to satisfy law, regulation, legal process, or governmental requests.

G. California Consumer Rights and Notices

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or phone (916) 445-1254.