Terms of Service – Society of Rafa

Updated on October 13, 2023

1. Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the opportunity to interact with creators of the Society of Rafa tabletop roleplaying game (TTRPG). This will allow users to learn more about the game and worldbuilding, provide feedback, and sign up for mailing lists or game beta testing.

1.2. Legal Agreement

These societyofrafa.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the societyofrafa.com website(s) (“Society of Rafa Website”, and collectively – the “Society of Rafa Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Society of Rafa Website, any Society of Rafa mobile application (the “Society of Rafa App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Society of Rafa Website or the Society of Rafa App, collectively – the “Society of Rafa Services” or “Services”). For the avoidance of doubt, Society of Rafa Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a Society of Rafa User, even if presented on the Society of Rafa Website.

The Society of Rafa Terms constitute a binding and enforceable legal contract between Chickadee Tales LLC and its affiliated companies and subsidiaries worldwide (“Society of Rafa”, “us” or “we”) and you in relation to the use of any Society of Rafa Services – so please read them carefully.

You may visit and/or use the Society of Rafa Services and/or the Society of Rafa App only if you fully agree to the Society of Rafa Terms – and by using and/or registering to any of the Society of Rafa Services, you signify and affirm your informed consent to these Terms of Use and any other Society of Rafa Terms applicable to your use of any Society of Rafa Services. If you do not read, or fully understand or if you do not agree to the Society of Rafa Terms, you must immediately leave the Society of Rafa Website and avoid or discontinue all use of the Society of Rafa Services or Society of Rafa App.

By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use some Society of Rafa Services, you must first register and create an account with Society of Rafa (“User Account”).

Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can be done either directly on the Society of Rafa Website or through an unrelated third-party authorized to sell Society of Rafa subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with Society of Rafa (a “Reseller Agreement”).

1.4 Account Ownership

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Society of Rafa having any liability to you or to any other party.

If you created your User Account directly on the Society of Rafa Website (and not via a Reseller), Society of Rafa will consider the person or entity who has access to the email address. If third party signins are used (e.g. Google Accounts), the account holder as determined there will own the User Account within Society of Rafa.

Notwithstanding the foregoing, Society of Rafa shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Society of Rafa deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of Society of Rafa.

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

2. Your Obligations

2.1. You represent and warrant that:

you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Society of Rafa Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Society of Rafa Terms;
you are not ordinarily resident of, and will not use or distribute the Society of Rafa Services or Society of Rafa App in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”). You further confirm that you will not use or distribute the Society of Rafa Services or the Society of Rafa App directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify Society of Rafa against any and all losses, including without limitation, monetary penalties and legal fees, that Society of Rafa may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Society of Rafa does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded to Society of Rafa Services (“User Content”), including any images, animations, videos, audio files, compositions, artworks, or information you provide;
the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Society of Rafa and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Society of Rafa Services;
you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the Society of Rafa Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
receive from time to time promotional messages and materials from Society of Rafa or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
allow Society of Rafa to use in perpetuity, worldwide and free of charge, any version of your feedback to better our core products;

You must comply with all applicable laws.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

You can easily opt-out of receiving promotional messages by contacting us or unsubscribing from newsletters where applicable.

2.3. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, the Society of Rafa Website, the Society of Rafa Services (or any part thereof), or publicly display, perform, transmit or distribute any of the foregoing without Society of Rafa’s prior written and specific consent and/or as expressly permitted under the Society of Rafa Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Society of Rafa or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the Society of Rafa Website or the Society of Rafa Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
act in a manner which might be perceived as damaging to Society of Rafa’s reputation and goodwill or which may bring Society of Rafa into disrepute or harm;
impersonate any person or entity or provide false information on the Society of Rafa Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Society of Rafa and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Society of Rafa or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
probe, scan, or test the vulnerability of the Society of Rafa Services or any network connected to the Society of Rafa Services;
upload to the Society of Rafa Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Society of Rafa Services or Society of Rafa’s systems or networks connected to the Society of Rafa Services, or otherwise interfere with or disrupt the operation of any of the Society of Rafa Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Society of Rafa Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Society of Rafa Services, except as expressly permitted by the Society of Rafa Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Society of Rafa Services and/or Licensed Content; or

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3.1. Your Intellectual Property

3. Content and Ownership

3.1. Your Intellectual Property

Tabletop role playing is a collaborative experience between players and game masters, and as such you release to Chickadee Tales LLC any ideas or feedback developed during beta sessions or provided by you in response to inquiries or where you provide feedback to the Company, with no expectation of royalties or other compensation. This includes but is not limited to any world building, game mechanic innovations, or other game assets; the sole exception is that your player characters as developed through gameplay are your own and Society of Rafa will not claim them. Situations, problem resolution, and inter-character relationships may all be adapted to improve the game and offer insights in future Society of Rafa offerings.

As between Society of Rafa and you, outside of beta sessions or feedback you shall own intellectual property pertaining to your User Content and to any derivative materials created, developed, or connected to Society of Rafa Services by you, including any designs, images, animations, videos, audio files, illustrations, compositions, artworks, text and literary works. Chickadee Tales LLC will not seek out fan art and derivative works with the intention of competing or stealing, any resemblance will be coincidental.

If hosted on this site, you agree not to upload illegal materials.

Society of Rafa does not claim ownership rights on your User Content or the content you connected to the Society of Rafa Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

You own all rights to your content, which remains your own. This doesn’t give you privileges to our rights, but importantly you retain copyright over your characters should you play Society of Rafa during our scheduled beta testing.

3.2. Society of Rafa’s Intellectual Property

All rights, title and interest in and to the Society of Rafa Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, literary work, audio, music, video and other media, designs, animations, derivatives and versions thereof, the “look and feel” of the Society of Rafa Services, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Society of Rafa.

Subject to your full compliance with the Society of Rafa Terms Society of Rafa hereby grants you, upon creating your User Account and for as long as Society of Rafa wishes to provide you with the Society of Rafa Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Society of Rafa Services and Licensed Content, for the purpose of generating and displaying your User Content to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Society of Rafa Terms, and solely within the Society of Rafa Services.

The Society of Rafa Terms do not convey any right or interest in or to Society of Rafa’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Society of Rafa Terms constitutes an assignment or waiver of Society of Rafa’s Intellectual Property rights under any law.

We own all rights in and to our services, content, data, technology and features. You may use our services and content so long as you fully comply with these terms. If you would like to publish your own games based on Society of Rafa’s mechanics and worldbuilding, please read more on the page about ORC Licensing, which is optional and not subject to these Terms and Conditions.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Society of Rafa Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Society of Rafa. By providing such Feedback to Society of Rafa, you acknowledge and agree that it may be used by Society of Rafa in order to:

further develop, customize and improve of the Society of Rafa Services
provide ongoing assistance and technical support
contact you with general or personalized Society of Rafa -related notices and/or interview requests based on your feedback or otherwise
facilitate, sponsor and offer certain promotions, and monitor performance
to create aggregated statistical data and other aggregated and/or inferred information, which Society of Rafa may use to provide and improve its services
to enhance Society of Rafa data security and fraud prevention capabilities, and
to comply with any applicable laws and regulations.

In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Society of Rafa any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is

4. Cancellation

4.1. Cancellation by User

You may discontinue use and request to cancel your User Account, in accordance with the instructions available on the Society of Rafa Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of any Paid Services shall be at the end of such Paid Services’ subscription period.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional items.

4.2. Cancellation by Society of Rafa

Failure to comply with any of the Society of Rafa Terms and/or to pay any due Fee shall entitle Society of Rafa, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Society of Rafa Services (e.g., Paid Services) or Third Party Services to you.

4.3. Loss of Data, Content and Capacity

Society of Rafa is not responsible for User Content being perpetual, and will not be liable for any missing content. Following the cancellation of your User Account, Society of Rafa reserves the right to delete all data in the normal course of operation.

5. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Society of Rafa, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Society of Rafa Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Society of Rafa Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Society of Rafa Services; (6) events beyond the reasonable control of Society of Rafa, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Society of Rafa Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Society of Rafa’s services to you, and such limitations will apply even if Society of Rafa has been advised of the possibility of such liabilities.

6. Indemnity

You agree to defend, indemnify and hold harmless Society of Rafa, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Society of Rafa Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Society of Rafa Services, including, without limitation, Society of Rafa Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

7. Closing

7.1 Entire Agreement

These Terms of Use, together with any other legal or fee notices provided to you by Society of Rafa, shall constitute the entire agreement between you and Society of Rafa concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Society of Rafa and you, including those made by or between any of our respective representatives, with respect to any of the Society of Rafa Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Society of Rafa in entering into any of the Society of Rafa Terms.

7.2 Interpretation

Any heading, caption or section title contained herein is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

7.3 Customer Service Contact

To get in touch with us, please contact Chickadee Tales, LLC via email at info@societyofrafa.com.