Terms of Service

General Information

Welcome to Peak Roleplay! These Terms govern your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Peak Studios. Read these Terms carefully before using the Services. By accessing the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.

OUR SERVICES ARE INTENDED FOR PERSONS OVER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICES. BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.

Your use of the Services is subject, at all times, to the Peak Rules and Guidelines and any other rules or guidelines promulgated by us from time to time (collectively the “Peak Guidelines”). The Peak Guidelines are hereby incorporated into these Terms by reference. You acknowledge and agree that a violation of the Peak Guidelines will constitute a material breach of these Terms and if Company discovers you violated the Peak Guidelines, it may, in its sole discretion, revoke your access to any Server, including any Priority Access, without Notice or refund.

We may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be effective 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.

These Terms are, at all times, subject to our Privacy Policy, as amended from time to time.

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.

PEAK ROLEPLAY DEVELOPS, OPERATES, AND MAINTAINS INDEPENDENT GRAND THEFT AUTO V SERVERS FOR THE PURPOSE OF PLAYING A MODIFIED EXPERIENCE OF GRAND THEFT AUTO V ONLINE. NEITHER PEAK ROLEPLAY NOR PEAK STUDIOS IS AFFILIATED WITH, ENDORSED BY, OR OTHERWISE CONNECTED TO ROCKSTAR GAMES, INC. OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES. THE TERMS “GRAND THEFT AUTO V,” “ROCKSTAR GAMES” AND ANY OTHER PRODUCT MARKS, TRADEMARKS, LOGOS, WORD MARKS, OR SERVICE MARKS, ALONG WITH GRAND THEFT AUTO V AND ALL UNDERLYING MATERIALS THEREIN ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OF THE FOREGOING DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT OF ROCKSTAR GAMES, INC. PEAK STUDIOS.

1. Definitions

• “Account” means, any individual User profile account that is created when you use the Services and play in and interact with a Server.
• “Application Fee” shall have the meaning set forth in Section 2.
• “Communication Services” means the voice-chat, text chat and messaging system, forums, and any other related service that Peak Users can use to communicate and interact with one another within a Server or otherwise.
• “Company” means Peak Studios. 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.
• “Custom Assets” means any assets submitted by Users for integration into and interaction with Users on the Servers.
• “Dispute” means any controversy related to these Terms or your interaction with the Services, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company.
• “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.
• “Peak Guidelines” shall mean the Peak Rules and Guidelines and any other rules or guidelines promulgated by Company from time to time.
• “Store” means the store where users may purchase Priority Access and other services related to the Server.
• “Notice” means a delivered writing by email, courier, or postal delivery.
• “Primary Server” means the primary Peak Server, which is open to select Users.
• “Priority Access” means allows Users to purchase preferential access to the Server in exchange for a recurring monthly payment.
• “Privacy Policy” means the Company policy regarding data privacy.
• “Protected Content” means all content, included as part of the Services and any compilation thereof including, without limitation, User Generated Content, the look and feel of the Services, and Grand Theft Auto V materials.
• “Rockstar” means Rockstar Games, Inc.
• “Server” means any multiplayer and/or role-playing modification server for Grand Theft Auto V that is developed, operated, and maintained by Company.
• “Services” means Servers, and the Website, inclusive of any associated services or materials thereon.
• “Payment Processor” means our payment processor with respect to transactions made via the Store and other parts of the Services.
• “Terms” means these terms of service and end user license agreement.
• “User,” “you” or “your” means any user of the Services.
• “User Clips” means clips of a particular User’s gameplay uploaded for review by Company.
• “User Generated Content” or “UGC” means any Customs Assets and other content created by Users.
• “Website” means the online website for Peak Roleplay.

2. Application to Join Primary Server

Application. You acknowledge and agree that only invited Users may participate on the Primary Server. To be invited to join the Primary Server you must complete the online application. In addition to the requested information, the application will require you to submit User Clips for our review.

Application Review. We will evaluate your application including your User Clips and determine whether to extend you an invitation to join the Primary Server. The decision to extend an invitation for you to join the Primary Server and the criteria upon what such decision is based is in our sole discretion. You acknowledge and agree that while we love all of our Users, we want to make sure the Primary Server is curated to provide the best possible experience. Accordingly, we cannot guarantee that you will be offered an invitation to the Primary Server. All decisions regarding the Primary Server are final and non-appealable, provided that you may re-apply pursuant to the terms and conditions set forth below.

Re-Application to Primary Server. Users that have their applications to join the Primary Server rejected are welcome to re-apply to join the Primary Server, following the same terms and conditions set forth above, no less than thirty (30) days following their rejection. Users may continue to re-apply 1 time per month until they are accepted.

Application Fee. To submit an application to join the Primary Server, you are required to pay the Application Fee. All payments are made pursuant to the terms and conditions set forth herein. The amount of the Application Fee is subject to change, at any time, in our sole discretion. You acknowledge and agree that the Application Fee is nonrefundable whether you are invited to join the Primary Server or not.

Use of User Clips. You hereby grant us a limited, non-exclusive, irrevocable, worldwide royalty free right and license to use the User Clips you submit as part of our review of your application to join the Primary Server. Any use of personal information contained in such User Clips will be in accordance with our Privacy Policy.

2.1 Priority Access

We wish everyone could play all at once. Unfortunately, we have limited server space on the Server. Therefore, users typically need to enter a queue prior to be letting into the Server. We offer Priority Access, which may allow users to move up the queue and access the Server(s) faster. There are multiple levels of Priority Access and the higher the level of Priority Access, the quicker you will be able to access the Server(s). You may purchase Priority Access via our Store. Please keep in mind that in the event you purchase any level of Priority Access, you still may not be able to access the Server at any given time for various reasons (the Server may be full, down for maintenance, etc.). Therefore, we make no representation, warranty, or guarantee that you will be able to access the Server at any given time, even if you do purchase Priority Access.

To maintain any level of Priority Access, you are required to pay the monthly recurring fee. We may update these fees at any time, in our sole discretion, upon notice. You may cancel your Priority Access at any time. Cancellations are processed via our Payment Processor, and we are not responsible for any delays with respect to cancellations.

3. License

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 and entertainment purposes use, subject to your compliance with these Terms. Any use of the Services is expressly conditioned upon 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.

4. License Restrictions and Prohibited Conduct

You may not do any of the following:

• Use the Services in any manner that violates these Terms or the Peak Guidelines.
• Use the Services commercially or for a promotional purpose, except as otherwise authorized herein.
• Use any unauthorized third-party programs to affect the Servers and/or Grand Theft Auto V.
• 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.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services.
• Modify, adapt, translate or create derivative works based upon the Services.
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services.
• Access the Services by means of any robot, spider, scraper, crawler or other automated means.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Harvest or collect the email addresses or other contact information of other Users.
• Use the Services for any illegal purpose.
• Use the Services in any manner which could damage, disable, overburden, or impair the Servers.
• Impersonate any person or entity.
• Defame, harass, abuse, threaten or defraud Users.

5. Children Under 18

By using the Services, you warrant and represent that you are at least 18 years of age. In the event we learn you are under 18 years of your Account will be immediately deactivated and removed from all Servers, including the Primary Server.

6. Account

To use the Services, you must create a unique Peak Account. All Accounts are subject to these Terms. You are solely responsible for maintaining the confidentiality and security of your Account and password. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account.

In addition to the above, we require your Steam ID to connect you to the FiveM Server. By using Steam and obtaining a Steam ID, you may be subject to agreements with Steam.

7. User Generated Content

TO CREATE USER GENERATED CONTENT YOU MUST BE A MEMBER OF THE PRIMARY SERVER. All User Generated Content must be submitted to Company for review. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, worldwide, royalty-free license to use said content.

8. Transactions

If you wish to purchase Priority Access to a Server or to pay the Application Fee for the Primary Server, you are required to pay the applicable monthly purchase price. We partner with third-party payment processors in connection with the sales. If you wish to purchase anything via the Store, you must do so through our payment processor and agree to their terms.

Refunds: To the maximum extent permitted by applicable law, all purchases made on the Store are final and Company does not offer refunds with respect to such purchase, including Priority Access subscriptions.

9. Intellectual Property Ownership

All Protected Content is the property of Company, Rockstar, or their respective third-party suppliers/licensors.

10. Monitoring and Anti-Cheat

We have the right, but not the obligation, to monitor the Communications Services and User gameplay within a Server. You acknowledge and agree that to interact with the Servers, you therefore may be required to install anti-cheat software.

12. Service Availability and Termination

Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you.

13. Company Disclaimer

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. THE SERVERS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

28. For EU/UK Residents: Right of Withdrawal

Pursuant to the EU Consumer Rights Directive (the “Directive”) All Users who are residents of the European Union or United Kingdom have a right to withdrawal from any purchase of Priority Access made via the Services, for any reason. You agree that the withdrawal period will expire upon the sooner of fourteen (14) days after you purchase the Priority Access or after you utilize such Priority Access.