Rimewood

45 Lambton Quay, Wellington 6011, New Zealand

Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Rimewood. By using our website or services, you accept and agree to be bound by these terms. This document outlines your legal obligations, responsibilities, and the conditions under which we provide our services.

Last updated: November 22, 2024

1. Binding Nature of Agreement

By accessing or using Rimewood's website and services, you enter into a binding legal contract with Rimewood, a game development studio operating from Wellington, New Zealand. These Terms and Conditions, together with our Privacy Policy and any service-specific agreements, form the complete agreement between you and Rimewood.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority or if you do not agree with these terms, you must not use our services.

2. User Obligations and Conduct Requirements

Legal Compliance

You agree to use our services in compliance with all applicable laws and regulations. This includes:

Compliance with New Zealand laws and the laws of your jurisdiction
Respect for intellectual property rights and copyright laws
Adherence to data protection and privacy regulations
Following export control and trade sanctions laws if applicable
Compliance with any industry-specific regulations relevant to your use of our services

Prohibited Activities and Behaviors

You expressly agree not to engage in any of the following prohibited activities:

Using our services for any illegal, fraudulent, or unauthorized purpose
Attempting to interfere with, compromise, or disrupt our website or services
Circumventing any security features or access controls
Reverse engineering, decompiling, or attempting to extract source code
Transmitting viruses, malware, or other harmful code
Engaging in automated data collection or scraping without permission
Impersonating others or providing false information
Harassing, threatening, or abusing our staff or other users
Using our services to distribute spam or unsolicited communications
Infringing on intellectual property rights of others

Content Guidelines and Restrictions

When providing content or information to us, you must ensure it does not contain illegal material, violate third-party rights, promote violence or discrimination, or breach any applicable content standards. You are responsible for ensuring all content you provide is lawful and appropriate.

Age Restrictions and Requirements

Our services are intended for individuals who are at least 18 years of age or have reached the age of majority in their jurisdiction. By using our services, you confirm that you meet these age requirements. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

3. User Responsibilities

Compliance with Laws and Regulations

You are solely responsible for ensuring your use of our services complies with all applicable local, state, national, and international laws. This includes but is not limited to laws regarding online conduct, acceptable content, privacy, data protection, and intellectual property.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Rimewood, its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your violation of these Terms and Conditions, your use of our services, or your violation of any rights of another party.

Privacy and Data Protection

You are responsible for understanding and complying with applicable privacy laws regarding any data you collect, process, or share through your use of our services. If you provide us with personal information about others, you represent that you have obtained all necessary consents and authorizations.

Third-Party Interactions

Your interactions with third parties through or in connection with our services are solely between you and those third parties. We are not responsible for any disputes, claims, or damages arising from such interactions. You should exercise caution and use your judgment when engaging with third parties.

4. Disclaimers, Warranties, and Liability Limitations

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, reliability, or timeliness of services
Warranties of non-infringement of third-party rights
Warranties that services will be uninterrupted or error-free
Warranties regarding the security of data transmission

Limitation of Liability

To the maximum extent permitted by applicable law, Rimewood shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your use or inability to use our services
Any unauthorized access to or use of our servers or personal information
Any interruption or cessation of transmission to or from our services
Any bugs, viruses, or harmful code transmitted through our services
Any errors or omissions in content or any loss or damage incurred from use of content

Consequential Damages Exclusion

In no event shall our aggregate liability exceed the amount you paid to Rimewood for services in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Force Majeure

Rimewood shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, labor disputes, equipment failures, or interruptions in telecommunications or internet services.

5. Legal Information and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in Wellington, New Zealand, for the resolution of any disputes arising from or relating to these terms or your use of our services.

Dispute Resolution Procedures

In the event of any dispute arising from these Terms and Conditions:

You agree to first contact us to attempt to resolve the dispute informally
We will work in good faith to reach a mutually acceptable resolution
If informal resolution fails, disputes may be submitted to mediation before pursuing litigation
Any formal proceedings must be brought within one year of the dispute arising

Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated through our website or via email. Your continued use of our services following the posting of changes constitutes your acceptance of such changes. We recommend reviewing these terms periodically to stay informed of any updates.

6. Additional Legal Provisions

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Rimewood regarding your use of our services and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any provision of these terms shall not be construed as a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Rimewood.

Assignment

You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this provision is void.

Notices

All notices to Rimewood must be sent to info@rime-wood.com or our physical address. Notices to you may be sent to the email address you provide or posted on our website. You consent to receive communications electronically.

Contact Information

If you have questions about these Terms and Conditions or need clarification on any provision, please contact us:

Email: info@rime-wood.com

Phone: +64221328655

Address: 45 Lambton Quay, Wellington 6011, New Zealand