Terms of service
Salty Lemon Entertainment is a community-driven company. We love our community and want to operate in harmony with our members and fans who are excited about our brand and what we do. We always want to be responsive to the needs and concerns of our community. We put these terms of service together because our business and platform present potential legal issues and situations for us and members of our community. Please understand that these terms are intended only to be ground rules, that we welcome and encourage you to find new ways to be passionate about Salty Lemon Entertainment and that we are excited to continue working together to get more people, more active, more often.
These Terms of Service for Users (“Terms”) apply to any access to and use of the online services provided by Salty Lemon Entertainment, Inc. (“Salty Lemon Entertainment” or “we”), including the online services we make available via our websites and mobile applications (collectively, the “Platform”).
For information about how we collect, use, share and otherwise process information about you,
Your installation or use of any downloadable software provided by Salty Lemon Entertainment, including mobile apps or PC- or Mac-based software, is subject to our end user license agreement available at https://exrgame.com/EULA/ (“EULA”), and you agree to be bound by the EULA in connection with your use of that software.
- If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user. Users under 18 (and their parents or legal guardians) must satisfy any consent mechanism required via the Platform. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.
- You may only establish an account on our Platform on behalf of a legal entity or organization with our prior written authorization. If you use our Platform on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.
3. USER ACCOUNTS AND ACCOUNT SECURITY
If you register for an account to use our Platform, you must provide accurate account information (except that pseudonyms are permitted for usernames) and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users that occur in connection with your account unless you prove that such use is fraudulent. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. USER CONTENT
- Our Platform may allow you and other users to create, post, store and share content, including messages, text, photos, audio, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Salty Lemon Entertainment.
- Without limiting your rights and our obligations under data protection law, you grant Salty Lemon Entertainment a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content, for the term of its protection by intellectual property rights, and any name, username or likeness provided in connection with your User Content, for a period of ninety-nine (99) years, in each case in all media formats and channels now known or later developed without compensation to you. For clarity, this means we reserve the right to use things like your name, avatar and in-game performance in various materials, including advertising and promotional content and third party platforms. When you post or otherwise share User Content on or through our Platform, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You also agree that you may be eligible to receive promotional items, labels, in-game content or other rewards as a result of your participation in the Platform or events (such as races) within the Platform.
- You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
- If we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such content. We will attempt to notify you of the reason for our action unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of our Platform; or (v) harm any user or other party.
5. PROHIBITED CONDUCT AND CONTENT
- You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Salty Lemon Entertainment;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or otherwise commercially use our Platform by (i) displaying the Platform in a commercial setting (like a cyber cafe, gaming center or other commercial establishment); (ii) selling, licensing or renting any in-game virtual items or access to your account to any third party; (iii) performing activities on the Platform for others for compensation; or (iv) using the Platform for any “esports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity (which may be encouraged depending on the circumstances and with Salty Lemon Entertainment’s prior written authorization);
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors. In spite of the foregoing, you are welcome to capture or stream videos of you and other users (if you have their consent) participating in EXR races or events, and to share those videos through video sharing services like Twitch, YouTube and other similar services, subject to the following limitations: (i) you may not do so in such a way that is: (1) inaccessible to the general public behind a paywall, (2) subject to viewing only with a subscription separate and apart from EXR or (3) that requires the purchase by a third party of tickets or other redeemable vouchers, either in person or online; and (ii) you may not create, host, promote, participate in, sponsor, engage other sponsors in, or otherwise encourage competitions between EXR racers (e.g., eSports) that use the Platform for any commercial purpose. Salty Lemon Entertainment may allow some individuals to engage in these activities upon request made to Salty Lemon Entertainment and following our prior written authorization or in conformity with other written guidelines provided by Salty Lemon Entertainment or through a separate agreement with Salty Lemon Entertainment;
- Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;
- Use our Platform other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;
- Reverse engineer any aspect of our Platform or do anything that might discover source code (except to the extent these prohibitions violate applicable law) or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information about a character or an environment without Salty Lemon Entertainment’s prior authorization;
- Bypass or ignore instructions contained in our robots.txt file;
- Develop or use any applications that interact with our Platform without our prior written authorization, including any cheats, mods or matchmaking services or applications that emulate or redirect the communication protocols used by Salty Lemon Entertainment in any way, including for unauthorized play over the Internet, network play, or as part of content aggregation networks;
- Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes; or
- Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may not create, post, store or share any User Content that:
- Is confidential or that you do not have all necessary rights to disclose;
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose Salty Lemon Entertainment or others to any harm or liability of any type.
- Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.
6. TERMS OF SALE
- Product Availability. All tangible products offered for sale via the Platform are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice, provided that after completing the purchase we will only cancel in case of unavailability.
- Pricing. Prices for products or services are subject to change at any time, but changes will not affect any order for products or services you have already placed except that for auto-renewing memberships price changes will take effect when indicated in our email notice to you.
- Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Platform. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes.
- Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount specified at the time of your purchase (including any applicable taxes and any shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
7. OWNERSHIP; LIMITED LICENSE
The Platform and all content contained therein, including the text, graphics, images, photographs, videos, illustrations, themes, objects, characters (including names), stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects, are owned by Salty Lemon Entertainment or our licensors and are protected under bothUnited Statesand foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Platform for your own personal, noncommercial use (unless otherwise pre-approved in writing by Salty Lemon Entertainment for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
“EXR” and our logos, our product or service names, our slogans and the look and feel of the Platform are trademarks of Salty Lemon Entertainment and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Salty Lemon Entertainment or our Platform (collectively, “Feedback”). Without limiting your rights or our obligations under data protection law, you grant us a non-exclusive, worldwide license to use such Feedback, for the term of protection of the Feedback by intellectual property law, for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Salty Lemon Entertainment’s sole discretion. You understand that Salty Lemon Entertainment may treat Feedback as nonconfidential.
Please contact firstname.lastname@example.org to notify us of anything on our Platform that infringes other rights (like copyright, counterfeiting, insult, invasion of privacy) or if you discover that User Content promotes crimes against humanity, incites racial hatred or violence or concerns child pornography. When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, profession, domicile, nationality, date and place of birth; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; the description of the disputed facts and their precise location (e.g. URL link to the disputed content); the reasons why the content must be removed, including the legal provisions and justifications of facts; a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Salty Lemon Entertainment and its affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Salty Lemon Entertainment Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your violation of these Terms; or (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).
You agree to promptly notify Salty Lemon Entertainment Parties of any third-party Claims, cooperate with Salty Lemon Entertainment Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Salty Lemon Entertainment Parties will have control of the defense or settlement, at Salty Lemon Entertainment’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Salty Lemon Entertainment or the other Salty Lemon Entertainment Parties.
12. DISCLOSURES OF RISK
- Other than as expressly stated in these Terms, we do not make any commitments about
the content within the Platform, the specific functions of the Platform or their reliability,
availability or ability to meet your needs.
- You understand that the Platform is intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Platform carries certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities. You also expressly agree that Salty Lemon Entertainment does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the Platform (whether or not with Salty Lemon Entertainment’s permission).
- Please consult your physician before using the Platform in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Platform or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Platform.
13. LIMITATION OF LIABILITY
- Subject to article 1382 of the Belgian Civil Code (Burgerlijk Wetboek), Salty Lemon Entertainment or the other Salty Lemon Entertainment Parties will not be responsible (under these Terms or for negligence) for losses that were caused by your breach of these Terms or which were beyond our control and which we could avoid through appropriate actions. If we fail to comply with these Terms, we or the other Salty Lemon Entertainment Parties will only be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we and the other Salty Lemon Entertainment.Parties are not responsible for any loss or damage that is not foreseeable, and, if the Platform is not performed with reasonable care and skill, you agree to give us a reasonable opportunity to re-perform them for you before filing a claim. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Salty Lemon Entertainment and you knew it might happen.
- The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud (including fraudulent misrepresentation) or intentional misconduct of Salty Lemon Entertainment or the other Salty Lemon Entertainment Parties or for personal injury, death or property damage caused by the Platform or products purchased through the Platform, or for any other matters in which liability cannot be excluded or limited under applicable law.
14. GOVERNING LAW AND COMPETENT COURTS
Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced exclusively in accordance with Belgian Law. Parties agree that this constitutes an express choice of law under article 3 of the regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Any disputes between the parties relating to this agreement shall be submitted to the exclusive jurisdiction of Courts of the judicial district where the registered office of Salty Lemon Entertainment BV is located.
15. SUSPENSIONS, TERMINATIONS AND MODIFICATIONS
We will only suspend or terminate your access to the Platform if you materially or repeatedly breach these Terms, we are required to do so by law or court order, or we reasonably believe your conduct creates possible liability or risk of harm to us or any other party that we could not reasonably avoid without such suspension. We may also suspend your account for a period of up to 90 days while we investigate if any of these conditions are present. During any such suspension or termination, we will not continue to charge you for the Platform. If reasonably possible, we will notify you in advance before discontinuing all or a portion of our Platform or making changes that have a material adverse impact on your use of our Platform. However, we reserve the right to make changes without notice in certain circumstances, such as to improve security, help combat fraud or abuse, or comply with the law.
16. MODIFYING THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or providing a notice through our Platform. Unless we say otherwise in our notice, the amended Terms will be effective immediately with regard to any subsequent use of the Platform, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform.
- Nothing in these Terms will limit any of our obligations or your rights under applicable data protection or other laws that cannot be limited by contract. In particular, these Terms do not deprive consumers of the level of protection are granted according to Article 6 EU Regulation 593/2008 (so-called “Rome I Regulation”) and EU Regulation 1215/2012.
- The failure of Salty Lemon Entertainment to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. If any provision or part of a provision of these Terms is 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Salty Lemon Entertainment will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control.
- We may supply different or additional rules or other terms in relation to some features of our Platform, and those different or additional terms become part of your agreement with us if you use those features and agree to those terms in the manner provided via the Platform. If there is a conflict between these Terms and the additional terms that you agree to, the additional terms will control for that conflict.
Salty Lemon Entertainment hosts and operates the Platform and is incorporated in Belgium.
Contact and other company details are as follows:
- VAT registration number: BE0700.395.428
- Registered office address(es): Dumolinlaan 1, bus 13, 8500 Kortrijk (Belgium)
- Email: email@example.com