Undawn Creator Camp Program Agreement 

Last Revised: 13 June 2023

You are now reading the terms of the Undawn Creator Camp Program Agreement (“Agreement”), which is a legal agreement between you and Proxima Beta Pte. Limited (“we”, “us”, “our”, as appropriate). Please note that you are not a participant of the Undawn Creator Camp Program unless and until the Undawn team notifies you of their acceptance by means of email. 

BY JOINING THE Creator Camp PROGRAM AND SIGNING THIS DOCUMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DON’T AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DON’T ACCEPT TO JOIN IN THE CREATOR CAMP PROGRAM AND DON’T SIGN TO ACCEPT OR AGREE TO THESE TERMS.

1. How the Creator Camp Program Works 

If you agree to the terms of this Agreement and meet the eligibility requirements for the Creator Camp Program, you may choose to join this program..

We publish the game “Undawn” (“Game”) and we are always looking for ways to build fan engagement with our Games and to support those that are helping us to do that.  We developed a program, called the “Undawn Creator Camp Program” (“Creator Camp Program”) which allows approved Content Creators of the Game to gain access to, without guarantee, and as eligibility for, or availability of, such benefits may vary: early access to Game updates, in-game rewards, exclusive merchandise,access to online or offline game events, or other miscellaneous benefits as may be made to some or all Creators. Different Creators participating in the Creator Camp Program may receive different benefits, and you acknowledge and agree that we have sole and absolute discretion over which Creators receive which Benefits.  We will periodically update the provisions of this Agreement as the Creator Camp Program develops. We might also choose to replace this Agreement in its entirety if, for example, the Creator Camp Program changes, ends, or becomes part of another program. If we change this Agreement in any way, You shall be notified via Discord of such change at least fourteen (14) days before it takes effect. You shall be bound by any Agreement changes we make, unless you withdraw from the Creator Camp Program prior to the change taking effect. 

2.      Eligibility and Application

In order to participate in the Creator Camp Program, you have to file an application for the program through our official application page and provide true and accurate information as the application form requires.

1.      Eligibility. In order to be eligible to participate in the Creator Camp Program, you must:
   1. have a game account, if available, for Game and have accepted, and agreed to be bound by, the end user license agreement for that Game (“EULA”); 
   2. provide the consents and acknowledgments required to implement the Creator Camp Program as described in the privacy policy for the Creator Camp Program (“Privacy Policy”); 
   3. be registered as a content creator on YouTube, Twitter, Twitch or any other social media or streaming platform designated by us (each, a “Supported Platform”); and
   4. have reached 16 years of age or older (i.e., you have lived for at least 16 calendar years).  
   5. be able to create content in English.
2.      Application. You must complete and submit the application for the Creator Camp Program via the Game’s official application site before you can be accepted into the Creator Camp Program. You confirm that all application information you provide to us, including the information about your age, will be true, accurate and, to the extent requested, complete information about you. We may provide an account system in which you may change your information from time to time, but you will not be permitted to change your Support Platform accounts.  

3.      Program Content

If you create streaming or other content as part of your participation in the Creator Camp Program, that content will be considered “User Content” that is subject to the terms and conditions in the EULA.  You will not be paid by us for your User Content.

1.      Licenses to Use Your Program Content. You agree that (i) all streams, videos, photos, texts, social media posts, artwork, dialogue, catch phrases, stories, music, sounds, audio-visual effects and any other content that you create in connection with your participation in the Creator Camp Program (“Program Content”) will be deemed “User Content” as such term is defined in the EULA; (ii) the rights and licences granted by you to us in the EULA with respect to the User Content will apply to the Program Content as if those rights and licences had been copied into this Agreement in full; and (iii) the restrictions and other terms and conditions specified in the EULA with respect to User Content will apply to your Program Content.
2.      Gameplay Videos.  The EULA grants you a limited licence to make gameplay videos for certain Games, provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to the Streaming Policy attached as a schedule to the EULA.  If you have satisfied the eligibility criteria for the Creator Camp Program and agree to be bound by the terms of this Agreement and the EULA, we will grant you a non-exclusive, royalty-free, limited licence to create and use gameplay videos solely for your own Program Content for the Creator Camp Program and to display that Program Content in accordance with the terms of this Agreement and the EULA. This licence is non-transferrable and revocable. What this means is that you have the right to create and use gameplay videos in your Program Content, but you cannot give these rights to someone else. It also means that we can terminate your licence to use the gameplay videos any time for any reason.
3.      No Harmful Conduct. Without limitation of the foregoing, you agree not to upload, publish, submit or transmit any Program Content or otherwise engage in any behavior in connection with the Creator Camp Program that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libellous, defamatory, obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
4.      Keep it Classy. You further agree, that as part of the Creator Camp Program, you will not engage in any behaviour that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) is disruptive to the Game, its users or user community; (v) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vi) promotes illegal or harmful activities or substances.
5.      No Expenses Reimbursed; No Licence Fees or Royalties Paid to You. You acknowledge and agree that you are solely responsible for, and shall pay, all costs and expenses incurred in connection with the creation, production, publishing and distribution of your Program Content and you are not entitled to any reimbursement of expenses or to the payment of any licence fees, royalties or other amounts in connection with (A) our use of your Program Content, (B) your participation in the Creator Camp Program, or (C) any other activity set forth in this Agreement.
6.       Representation of Relationship. You acknowledge and agree that at no time shall you represent yourself as an employee, contractor, ambassador, authorised representative, or agent of us, and that you shall solely describe yourself and your connection to Undawn as a “Undawn Creator Camp” or “Undawn Creator Camp Member”.  
7.      Your Compliance Obligations. You agree that your Program Content will comply with all applicable laws and regulations regarding endorsements or testimonials made by you in your Program Content, including the guidelines of the U.S. Federal Trade Commission concerning the use of testimonials and endorsements in advertising, as these guidelines and rules may change from time to time.

4.      Limitations of Liability

This section limits what you can recover from us in a dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE IN ANY WAY FOR ANY: 

1.      LOSS OF PROFITS, 
2.      LOST REVENUE, 
3.      LOST SAVINGS, 
4.      LOSS OF DATA, OR 
5.      ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, 

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE Creator Camp PROGRAM, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE Creator Camp PROGRAM, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE Creator Camp PROGRAM WILL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000 USD). THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a participant in the Creator Camp Program.

5.        Indemnity

If someone sues us based on your breach of this Agreement or your participation in the Creator Camp Program, you agree to defend us or pay for our defence in that lawsuit. 

You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defence costs of, and hold us and our employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your participation in the Creator Camp Program; or (b) any claim that, if true, would constitute a breach by you of this Agreement or applicable law.  You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgement or settlement, based on any matter covered by this Section 7.

6.        Termination

We reserve the right to terminate this Agreement or the Creator Camp Program as we see fit in accordance with the applicable law.  

1. Our Rights to Terminate this Agreement.  To the fullest extent consistent with applicable law, we may suspend, modify or terminate your participation in the Creator Camp Program with no liability or notice to you in the event that (i) we cease providing the Creator Camp Program to similarly situated users generally; (ii) you no longer meet the eligibility requirements for the Creator Camp Program; (iii) you breach any terms of this Agreement or the EULA; (iv) you are banned or suspended from a Supported Platform; or (v) we otherwise deem it necessary to suspend or modify your participation in the Creator Camp Program or terminate this Agreement in our sole discretion. A suspension or modification of your participation in the Creator Camp Program will result in your inability to access and use some or all features of the Creator Camp Program, as determined by us in our sole discretion. Upon any termination of this Agreement, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this Agreement. Subject to applicable law, we may, in our sole discretion, provide you with continued participation in the Creator Camp Program prior to such termination. Except as required by applicable law, termination of this Agreement does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.
2. Your Rights to Terminate this Agreement. You may terminate your participation in the Creator Camp Program and this Agreement at any time by contacting the Undawn support team at [Creatorprograms@amg.gg]. 
3. Unclaimed Rewards. If your participation in the Creator Camp Program is terminated or this Agreement is terminated at any time, then, except as provided by applicable law, you will lose any rights to any and all rewards that you have earned pursuant to Section 3(a) above but not yet accepted pursuant to Section 3(b) above prior to such termination.
4. Surviving Terms.  The following sections will survive termination of this Agreement: 6, 7, 8(c), 9 through 13, and this Section 8(d).

7.        Additional or Different Rules Applicable in Other Jurisdictions 
   1. If you are a resident of Canada, then please also see Schedule 1 for further terms.
   2. If you are a resident of Morocco, then please also see Schedule 2 for further terms.
   3. If you are a resident of Australia, then please also see Schedule 3 for further terms.
   4. If you are a resident of the European Union, the United Kingdom, or Brazil, then please also see Schedule 4 for further terms.
   5. These schedules form part of, and are incorporated into, this Agreement.

8.      Dispute Resolution and Governing Law – United States 

This section only applies if you are participating in the Creator Camp Program from the United States.

You are agreeing to the laws of California. Any court cases will be handled in the Northern District of California.

1.      Governing Law and Forum Choice. This Agreement and any action related to it, including any dispute, controversy, difference, or claim arising out of or relating to this Agreement or the Creator Camp Program, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement or the Creator Camp Program (collectively, “Disputes”) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.  Except as otherwise expressly set forth in this Section 10, the exclusive jurisdiction for all Disputes that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.

US residents—if there is a dispute between us, we agree we’ll resolve it through arbitration (in your home area) instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. (This section is long so we’re providing mini-explanations for each part.)

2. Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. 

3.      Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county (or parish) of residence, to the exclusion of all other venues. 

Disputes that qualify for small claims court or relate to the infringement of our intellectual property do not have to be arbitrated. 

4. Exceptions. As limited exceptions to Section 10(b) above: (i) we may both seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

The American Arbitration Association’s Consumer Arbitration Rules will apply. Arbitration will be near where you live unless we agree otherwise.

5. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Unless your claim is frivolous or for more than $10,000, we’ll pay the filing, administration, and arbitrator fees. We won’t seek attorney fees from you, but if you win you can seek them from us to the extent allowed by law.

6. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Except for Section 10(d), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court. 

7. Injunctive and Declaratory Relief. Except as provided in Section 10(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

You agree not to participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.

8. Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 10 shall be null and void.

If a court decides a part of this section is unenforceable, the rest still applies.

9. Severability. With the exception of any of the provisions in Section 10(h) above, if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

9.      Dispute Resolution and Governing Law – Outside the United States

This section only applies if you are participating in the Creator Camp Program from outside of the United States.

If you are outside the United States - You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.

1.      Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this Agreement or the Creator Camp Program, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement or the Creator Camp Program (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.
2.      Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.
3.      Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore and the language of the proceedings will be in English. The arbitration tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this Agreement.
4.      Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
5.      Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

10. No Assignment

You cannot transfer or assign this Agreement to anyone else.

You may not assign or transfer this Agreement or your slot in the Creator Camp Program, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement or your slot in the Creator Camp Program, without such consent, will be null and void. Notwithstanding the title of this section, we may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

11. General Terms

This Agreement is our whole agreement (no outside promises). The official version is English. If parts of this Agreement don’t apply, the rest remains as much as possible. If we don’t enforce part of this Agreement, it doesn’t mean we won’t in the future or we won’t enforce our other rights.

1.      Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. Where this Agreement is translated into another language, if there are any conflicts between the English and translated versions, the English language version shall prevail. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
2.      Summaries are Not Binding.  We have added some text in italics throughout this Agreement to make it easier to read, however this text is provided for guidance only, and does not form part of this Agreement.
3.      Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
4.      No Waiver. Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorised representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
5.      Third Party Rights. A person who is not a party to this Agreement will have no right under to enforce any of its terms.
6.       Entire Agreement. This Agreement, the EULA, the Privacy Policy, and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between you and us regarding the Creator Camp Program and supersede any and all prior oral or written understandings or agreements between you and us regarding the Creator Camp Program. 
7.      Modifications. We may (but do not have to) update this Agreement at any time whenever we think there is a need. Subject to applicable law, if we do so, you will be prompted to agree to the updated Agreement upon your next access to the Creator Camp Program or when the updated Agreement is otherwise communicated to you. You must agree to these updates to continue participating in the Creator Camp Program.
   
    

In witness whereof, You Acknowledge that you have read, understood, and agree to be bound by this Agreement.

Schedule 1: Addendum for Residents of Canada

Limitation of Liability: The limitation or exclusion of our lability for the consequences of our own acts will not apply to you, to the extent prohibited applicable law.

Governing Law: Notwithstanding the governing law provision at Section 11(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution: Notwithstanding Section 11(b), either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.

Language: Section 13(a) does not apply to you, to the extent prohibited by applicable law.

* * *

Schedule 2: Addendum for Residents of Morocco

In this Agreement, “we”, “us”, or “our”, as appropriate, refer to Proxima Beta PTE. Limited, a Singapore corporation with offices at 10 Anson Road, #21-07 International Plaza, Singapore.

Agreement Modification: Notwithstanding provisions of Section 13(g) of the Agreement, you will be prompted to accept or decline any modification to this Agreement. If any change is unacceptable to you, you may decline these changes and terminate the use of the Creator Camp Program at any time.

Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.

Dispute Resolution and Governing Law – Outside the United States: Any dispute, controversy, difference, or claim arising out of or relating to this Agreement or your participation in the Creator Camp Program, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement or the Creator Camp Program (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco.

In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.

Language: This Agreement is provided to you with an Arabic translation. 

* * *

Schedule 3: Addendum for Residents of Australia

The term “Australian Consumer Law” refers to Schedule 2 of the Competition and Consumer Act (2010). 

Limitation of Liability: Notwithstanding provisions of Section 6 of this Agreement, any limitation of liability is only expressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded.

Termination: Notwithstanding provisions of Section 8 of this Agreement, in certain circumstances you may be entitled to a remedy under to the Australian Consumer Law.

Dispute Resolution and Governing Law – Outside the United States. Notwithstanding provisions of Section 11 of this Agreement, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises. 

* * *

Schedule 4: Addendum for Residents of European Union, UK, and Brazil

For the purposes of this Schedule 4: The Agreement is a legal agreement between you and Proxima Beta PTE. Limited, a Singapore corporation with offices at 10 Anson Road, #21-07 International Plaza, Singapore, if you are a resident of or located in the European Union, United Kingdom, or Brazil.  

Limitation of Liability: Section 6 of this Agreement is replaced in its entirety with the following:

6.  Limitation of Liability

(a) NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.

(b) WITHOUT AFFECTING SECTION 6(A), IF WE FAIL TO COMPLY WITH THIS AGREEMENT, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS AGREEMENT OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS AGREEMENT BECAME BINDING ON YOU AND US.

(c) WITHOUT AFFECTING SECTION 6(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE Creator Camp PROGRAM WILL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000 USD). 

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a participant in the Creator Camp Program.

Termination: Notwithstanding the provisions of Section 8 of this Agreement, save as required by applicable law, we may, in our sole discretion, provide continued participation in the Creator Camp Program prior to such termination. We will have no liability to you if we terminate this Agreement due to your breach of this Agreement or due to circumstances beyond our reasonable control.

No Assignment: Notwithstanding the provisions of Section 12 of this Agreement, we may freely assign or transfer this Agreement without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not consent to such assignment or transfer, this Agreement is terminated.

Language: Notwithstanding the provisions of Section 13(a) of this Agreement, the original language of this Agreement is in English; any translations are provided for reference purposes or to satisfy legal compliance obligations.

Additional Terms for Residents of EU and UK: With respect to residents of the European Union and the United Kingdom, the following additional terms shall apply:

Dispute Resolution. Section 11 of this Agreement is replaced in its entirety with the following: 

11. Dispute Resolution and Governing Law – EU and UK: The following applies if you are participating in the Creator Camp Program from the European Union or UK: 

(a) This Agreement is governed by English law. This means that your participation in the Creator Camp Program and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

(b) You may bring any dispute which may arise under this Agreement to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this Agreement to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts. 

(c) As a consumer, if you are resident in the European Union and we direct the Creator Camp Program to the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including Section 11, affects your rights as a consumer to rely on such mandatory provisions of local law.

(d)  If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution.

Agreement Modifications. Notwithstanding the provisions of Section 13(g) of this Agreement, if we need to update this Agreement, we will provide you with 30 days’ prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated Agreement upon your next access to the Creator Camp Program or when the updated Agreement is otherwise communicated to you. You must agree to these updates to continue participating in the Creator Camp Program. Save as required to allow you to continue to use any virtual content and/or in-game currency that you have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Creator Camp Program.

Indemnity. Section 7 of this Agreement is replaced in its entirety and replaced with the following:

7.  Intentionally Omitted.

Additional Terms for Residents of France: With respect to residents of France, the following additional terms shall apply:

Agreement Modifications. Notwithstanding the provisions of Section 13(g) of this Agreement, if we need to update this Agreement, we will provide you with 30 days’ prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated Agreement upon your next access to the Creator Camp Program or when the updated Agreement is otherwise communicated to you. You must agree to these updates to continue participating in the Creator Camp Program. Save as required to allow you to continue to use any virtual content and/or in-game currency that you have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Creator Camp Program.

Indemnity. Section 7 of this Agreement is replaced in its entirety and replaced with the following:

7.  Intentionally Omitted.

Mediation: You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is:

Le service du Médiateur du e-commerce de la FEVAD
60 rue la Boétie
75008 PARIS
mediateurduecommerce@fevad.com
https://www.mediateurfevad.fr/

Additional Terms for Residents of Germany: With respect to residents of Germany, the following additional terms shall apply:

Limitation of Liability. Section 6 of the foregoing Agreement shall be amended as follows:

Nothing in this Agreement excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give.

We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of Agreement, which were decisive for the conclusion of this Agreement and on the performance of which you may rely. If we breach a Cardinal Duties through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 6 of the Agreement above. 

Indemnity. Section 7 of this Agreement is replaced in its entirety and replaced with the following:

7.  Intentionally Omitted.

Additional Terms for Residents of Italy: With respect to residents of Italy, the following additional terms shall apply:

Nothing in this Agreement excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.

Additional Terms for Residents of Poland: With respect to residents of Poland, the following additional terms shall apply:

Nothing in this Agreement excludes or limits our liability for: (a) willful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.

Additional Terms for Residents of Brazil: With respect to residents of Brazil, the following additional terms shall apply:

Agreement Modifications. Notwithstanding any contrary provision in the Agreement, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to virtual goods or to any purchases shall be effective 30 days after you receive notice of the changes from us in any form.

Dispute Resolution – Brazil. Notwithstanding any contrary provision in the Agreement, if you are participating in the Creator Camp Program from Brazil, you agree that any action related to this Agreement will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this Agreement shall be brought exclusively in the Brazilian courts, provided that the you may choose to litigate in the court of its domicile.

* * *