US residents - We want to be super upfront about three important
things: First, by using our services you are agreeing to arbitrate almost all
disputes rather than have them heard in a court of law or by a jury.
Second, if you are in the US you are agreeing not to participate in a class
action lawsuit against us. Third, unless otherwise stated herein and to
the extent allowed by law, all purchases are non-refundable.
NOTICE REGARDING ARBITRATION FOR US RESIDENTS: WHEN YOU AGREE TO THIS EULA YOU
ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY
SECTIONS 22 “DISPUTE
RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. THIS EULA ALSO INCLUDES A WAIVER OF RIGHTS BY YOU TO BRING A CLASS
ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT
MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL,
COPY, OR USE OUR SERVICES. WE DO NOT NORMALLY OFFER REFUNDS, EXCEPT WHERE
EXPRESSLY AUTHORIZED BY US (SEE SECTION 10 FOR EXCEPTIONS), OR WHERE REFUNDS
ARE REQUIRED UNDER LOCAL LAW.
OUR EULA MAY ALSO CONTAIN COUNTRY-SPECIFIC ADDENDA THAT APPLY TO YOU
BASED ON THE JURISDICTION IN WHICH YOU RESIDE. To
see additional terms applicable to you (which constitute part of this agreement
and may supersede these terms), please check the country-specific language on
the EULA website.
This is the
agreement between you and us for our services you download or access, whether
that’s a game, something that supports the game, or something else. You can
only use these things once you agree to these terms.
You are now reading our End User License Agreement (“EULA”)
which is a legal agreement between you and Proxima Beta
Pte. Limited (“we”, “us”, “our”,
as appropriate) regarding the Services you use from us. “Services” mean
collectively, and sometimes individually, the following: (a) each of our Games,
and (b) any websites, software or other services we provide with or in support
of the Game, whether or not they are installed or used on a computer, console,
or a mobile device. “Game” means our game that you download and access
that is subject to this EULA, regardless of where you download and/or access it,
and any documentation, software, updates, Virtual Goods and Content (each
defined below) included in it.
We’ve tried to be straightforward in this EULA, and if you
have any questions feel free to send us a note at email@example.com (our “Support Email Address”). You’ll
notice that we added some text in italics
throughout the EULA to make it easier to read; however, this text is provided
for guidance only, and does not form part of the EULA.
You’ll notice some capitalized terms in this EULA. They’re called
“defined terms,” and we use them so we don’t have to repeat the same language
again and again, and to make sure that the use of these terms is consistent
throughout the EULA. We’ve included the defined terms throughout because
we want it to be easy for you to read them in context.
Some Services may be
available (or only available) through accessing (or downloading from) a third-party
platform or store, including but not limited to, Facebook, the Epic Games
Store, Steam game platform, the Google Play Store and Apple App Store (each, an
“App Store”). Your use of the Services is also governed by any
applicable agreements you have with any App Store (the “App Store
Agreement(s)”). In the event of a conflict between any
other App Store Agreement(s) from which you acquire one of our Games and this
EULA with respect to your use of the Services, this EULA will take priority.
The collection of
information from you and related to the Services (whether obtained through an
information that we collect from and about you.
The Services we offer have certain age
restrictions. Others may require an outside account. When you give us
information, you need to make sure it stays up to date. Also, don’t share your
account with others without our permission.
Age. To create a Game Account (as defined below) and access some of our
Services, you must be at least the minimum age for consenting to personal data
collection under the law in your jurisdiction. If you are between the minimum
age for personal data collection and age of majority in your jurisdiction, your
parent or guardian must review this EULA and accept it on your behalf. Parents
and guardians are responsible for the acts of their children under 18 years of
age when using our Services.
We may allow a minor under the minimum age for personal
data collection to register for certain Services with the verified consent of a
parent or legal guardian. The parent/legal guardian may be asked to provide additional
documentation or perform additional actions as part of the verification and approval
process as consistent with applicable law. We recommend that parents and
guardians familiarize themselves with parental controls on the devices they
provide their child.
To access parts of a Game, you may need to create an in-game account (your “Game
Account”). Your Game Account, if applicable, is separate from any account
you may have with any App Store (your “App Store Account”). You may be
able to create your Game Account using an existing account you have with us or
your email address. To the extent you create your Game Account through the use
of a third-party account (for example, your account with Facebook or Google),
we may access certain personal information that this third party provides to us
such as your email address and name to help create your Game Account. Further
. Please note that you may also
be able to play the Game without creating a Game Account, but you may not be
able to access certain parts of the Game, and your Game data may be deleted if
you uninstall or otherwise delete the Game.
Keep Your Information Current. It’s important that you provide us with accurate, complete and
up-to-date information for your Game Account and you agree to update such
information to keep it that way. If you don’t, we may suspend or terminate your
Game Account. You agree that you will not disclose your Game Account password
to anyone and will notify us immediately of any unauthorized use of your Game
Account. You are responsible for all activities that occur under your Game
Account, whether or not you know about them. If
you believe that your Game Account is no longer secure, then you must
immediately notify us at our Support Email Address.
No Account Sharing. You may not sell, resell, rent,
lease, share or provide access to your Game Account to anyone else. We reserve
all available legal rights and remedies to prevent unauthorized use of our
Services, including, but not limited to, technological barriers, IP mapping,
and, in serious cases, directly contacting your Internet Service Provider (ISP)
regarding such unauthorized use.
No False Accounts. You may not create a Game Account for anyone else or create a Game
Account in a name other than your own.
License and Use of
As long as you agree to this EULA (and
as long as the EULA isn’t terminated—see Section 21), we grant you permission to access and
use our Services. If you break the rules or can’t agree, we can’t let you play. Please ensure your system and devices meet the minimum requirements
for the Game. Also, if you suffer from an epileptic condition, please talk to a
doctor before playing the Game.
Content You Create Outside the
Services.“User Content” means any Content that you (or other Game
Account holders) create or obtain outside the Services that you or another user
makes available within the Services. To be clear, if Content is created within
the Services, it is not User Content; only Content created or obtained from
outside the Services that a user then makes available within the
Services is User Content. By making any User Content available through the
Services you hereby grant to us the following license: a non-exclusive,
transferable, worldwide, royalty-free license, with the right to sublicense, to
use, copy, modify, create derivative works based upon, distribute, publicly
display, and publicly perform your User Content in connection with operating
and providing the Services and Content to you and to other users of the
Services. Except to the extent prohibited by law, you waive the benefit of any
“moral rights” or “droit moral” or similar rights in any country to any User
Content. We may, in our sole discretion, remove, edit or disable any User
Content at any time and for any reason, including if we determine that the User
Content violates this EULA. We do not assume any responsibility or liability
for User Content, for removing it, or not removing it or other Content. We do not
pre-screen or review any User Content and do not approve or endorse any User
Content that may be available on the Services or our other services.
Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of
certain Content, Virtual Goods, an entire Game, or any or all of the Services
depending on the territory in which you are located. Without limiting the
foregoing, Content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not
comply with the laws which apply in your country.
Retail Purchase. We may offer codes or product keys
that can be activated in a Game or used to activate a Game on the App Store. Subject to foreign exchange control regulations applicable in your
jurisdiction, such codes or keys must be purchased (or
otherwise obtained legally) through us or one of our authorized retailers to be
valid. If you purchase such a code or key from a third party, that third party
is responsible for addressing any issues you have with these codes or keys.
Subject to applicable law, we will have no responsibility for these codes or
keys purchased from any third party or if any purchase
occurred in breach with any applicable foreign exchange control regulations.
Minimum Requirements. The Game may have minimum requirements for the devices and systems
on which you wish to play the Game. We may publish these minimum requirements
on the applicable website and/or otherwise notify you in writing. For an
optimal experience, please ensure that your devices and systems will meet these
requirements before playing the Game.
Seizure Warning. The
Game may contain flashing lights, images, and other luminous stimulations which
may induce epileptic seizures in certain individuals. If you or anyone in your
household has an epileptic condition, please consult your doctor before playing
any Game. If you experience dizziness, altered vision, eye or muscle twitches,
loss of awareness, disorientation, any involuntary movement, or convulsions
while playing, please immediately discontinue playing the Game and consult your
We strive to
make all of our players and users feel safe and welcome when using our Services
and playing our games and we want everyone to play by the same rules. So, if
you use our Services as intended, without cheating, being abusive, disruptive
or disrespectful, or being unfair, you are probably in the clear, but please
read all of the terms of this EULA carefully to be sure.
You agree not to do any of the following with respect to the Services,
as determined by us, as applicable:
use them commercially, for a promotional purpose,
or for the benefit of any third party or in any manner not permitted by this
use, or provide, any unauthorized third-party
programs that intercept, emulate, or redirect any communication between the Services
and us or that collect information about the Game;
use, or provide ancillary offerings to anyone,
that are not offered within the Services by us (or the functionality of the App
Store), such as hosting, “leveling” services, mirroring our servers,
matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or
any other automated control), trainers and automation programs that interact
with the Services in any way, tunneling, third party program add-ons, and any
interference with online or network play;
access or use them on more than one device at a
copy, reproduce, distribute, display, mirror,
frame or use them (or any of our other materials, intellectual property, or
proprietary information) in a way that is not expressly authorized in this
sell, rent, lease, license, distribute, or
otherwise transfer the Services, Game or any Content, including, without
limitation, Virtual Goods or Game Currency, including participating in or
operating so called “secondary markets” for Virtual Goods, Game Currency or
attempt to reverse engineer (except as otherwise
permitted by applicable local law), derive source code from, modify, adapt,
translate, datamine, decompile, or disassemble or make derivative works based
upon the Services or any Content;
remove, disable, circumvent, or modify any
technological measure we implement to protect them or any of their associated
create, develop, distribute, or use any
unauthorized software programs to gain advantage in any online or other game
modes or otherwise Cheat (as defined below);
attempt to probe, scan or test its vulnerability
or breach any security or authentication measures;
access, tamper with, or use non-public areas of
trespass, or attempt to gain access to a
property or location where you do not have permission to be or engage in any
activity that may result in injury, death, property damage, nuisance or other
upload, publish, submit or transmit any User
Content, create a user name or account name, or otherwise engage in any
behavior 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,
libelous, 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;
engage in any behavior 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) promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group; (v) is disruptive to the
Game, App, its users or user community, 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;
interfere with, or attempt to interfere with,
the access of any user, host or network, including, without limitation, sending
a virus, overloading, flooding, spamming, or mail-bombing the Services or any
of its users;
collect or store any information that could be
used to identify an individual, either itself or combined with other
information, from the Services from other users of the Services without their
behave in a manner which is detrimental to the
enjoyment of the Services by other users as intended by us, in our sole
judgment, including, without limitation, harassment, use of abusive or
offensive language, game abandonment, game sabotage, spamming, behaving in a
disruptive manner, social engineering, or scamming, or contrary to public
morals or public policy;
impersonate or misrepresent your affiliation
with any person or entity, or deceives or misleads the addressee about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
use IP proxying or other methods to disguise the
place of your residence, whether to circumvent geographical restrictions on the
Services or for any other purpose;
play on another person’s Game Account to “boost”
that Game Account’s status, level or rank;
use the Services in any way that would affect us
adversely or reflect negatively on us or the Services or discourage any person
from using all or any portion of the features of the Services;
encourage, promote, take part in or enable anyone
else to do any of the foregoing; or
violate any applicable law or regulation.
If you encounter another user who is violating any of these rules,
please report this activity to us using the “Report Abuse” function in the
relevant Game or part of the Service, if available, or contact us at firstname.lastname@example.org.
Our Service including our Content and
Games is owned by us or our licensors. Our Services may let you upload, post
and store photos and other content that you own. You retain your ownership of
this content, to which we take a license.
We and our affiliates and licensors own all title, ownership and
intellectual property rights in the Services. You agree not to remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Services. You understand and
agree that you have no ownership interest in the Services or any Games or
Content therein. The Services (and particularly our
Games) may have built-in mechanisms designed to prevent granting one user an
unfair advantage over other users (these actions are “Cheating” and the
software is the “Cheat Detection Software”). We may add or update our
Cheat Detection Software periodically as we may require in our sole discretion.
The Services and/or the Cheat Detection Software may collect and transmit
details about your Game Account, gameplay, and unauthorized programs or
applicable law. In the event that we in our sole discretion conclude that you
are Cheating, you agree that we may exercise any or all of our rights under
this EULA, including termination of this EULA and your access to our Services.
In addition, if you Cheat in one Game or Service, we may terminate your license
to use all of our Games and Services.
Although we are not obligated to monitor access to or use of the Services
or to review or edit any Content, we have the right to do so for the purpose of
operating and publishing the Services, to ensure compliance with this EULA, to
protect the health or safety of anyone that we believe may be threatened, to
protect our legal rights and remedies, to report a crime or offensive behavior,
or to comply with applicable law. We may (but don’t have to) remove or disable
access to any Content, at any time and without notice. We may (but don’t have
to) investigate violations of this EULA or conduct that affects the Services.
We may offer you some cool features in
our games for which you must pay. We need special permission to charge your
payment method. These features are owned by us.
Purchasing or Obtaining Virtual Goods and
Game Currency. Subject to applicable foreign
exchange control regulations in your jurisdiction, we may offer certain
upgrades and options within our Games that you can buy with real world
currency, including, but not limited to, in-game currency where permitted under
applicable law (“Game Currency”), character skins, mounts and vehicles,
digital cards, experience boosts, gear and other customizations for your in-Game
characters, and other such digital add-on items that may improve your Game
experience in some way (“Virtual Goods”). Except as otherwise
communicated to you within the functionality of the Game, Game Currency and
Virtual Goods are not transferable from one Game to another. You may also be
able to obtain certain Virtual Goods and Game Currency without making a purchase,
such as an in-Game award. When you purchase Game Currency, Virtual Goods, or a
Game itself (each, a “Transaction”), your purchase will be made through
the functionality available through the App Store or other platforms we make
available to you. Prior to making a Transaction, you should make sure you fully
understand the agreement that covers your Transaction, whether that agreement
is an App Store Agreement or another payment platform agreement (like our
WeGame Platform or a third-party payment processor’s terms). There may be
limits to the quantity and number of times you can purchase Virtual Goods, Game
Currency, or other aspects of your Transaction. For example, there may be a
maximum amount of Game Currency you are able to hold (in-Game) or purchase at a
given time, or a maximum number of Transactions you may make per day; these
additional restrictions may be communicated to you via the functionality of the
Services. We may, from time to time, modify, amend, or supplement our fees,
billing methods and terms applicable to Game Currency, Virtual Goods or to any
purchases, and post those changes in this EULA, in separate terms and
conditions or in other terms or agreements posted on the applicable website or
as part of the Game or otherwise provided to you by us. Except where prohibited
by law in your jurisdiction, such modifications, amendments, supplements or
terms shall be effective immediately upon posting and shall be incorporated by
reference into this EULA. If any change is unacceptable to you, you may
terminate the use of your Game Account at any time.
Your License to Virtual Goods and Game
Currency. Virtual Goods and Game Currency are
digital items and your use of them is governed by this EULA and the App Store
Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND
CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE
NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR
INVESTMENT PURPOSES. Virtual Goods and Game Currency
are licensed, not sold. Provided you comply with the
terms of this EULA and the App Store Agreement(s), we grant you the following
license: a personal, non-exclusive, non-transferable, non-sublicensable limited
right and license to use any Virtual Goods or Game Currency you gain access to,
whether purchased or otherwise obtained, solely in connection with your use of
the Game in question and within
the Game (unless we otherwise communicate to you that you may use them in
multiple Games) and for no other purpose. Unless, expressly permitted by
us in a specific Game, you may not trade any such Virtual Good or Game Currency
with others. We may cancel, revoke, or otherwise prevent the use of Virtual
Good or Game Currency if we suspect any unauthorized or fraudulent activity,
and/or to correct any erroneous application of any Virtual Goods or Game
Currency to your Account.
Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole
discretion, may modify, substitute, replace, suspend, cancel or eliminate any
Game Currency or Virtual Goods, including your ability to access or use Game
Currency or Virtual Goods, without notice or liability to you, such as if we
need to temporarily suspend the Game to make updates, have an emergency that
requires us to disable our Services, or if we need to ultimately shut a Game
down for economic or other reasons due to a limited number of users continuing
to make use of the online Service over time. YOU AGREE THAT YOU WON’T ASSERT OR
BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM
THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR
(B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS
LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE
GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR
(III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
Subject to applicable law (including as described in each
country-specific addendum below), or App Store policy, (i) all Games, Virtual
Goods and Game Currency remain our property, have no monetary value and are not
redeemable, refundable, or eligible for any other alternate remedy for any
“real world” money or anything of monetary value, unless they are defective,
unavailable, or do not perform in accordance with the specifications we
provide; (ii) we may revoke your license to such Games, Virtual Goods and/or
Game Currency at any time consistent with this EULA without notice or liability
to you; and (iii) except where the law in your jurisdiction provides a right of
withdrawal that cannot be waived by contract, by
purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby
waive your right to withdraw from your agreement to purchase the applicable
Game, Virtual and/or Game Currency and you agree that you will therefore not be
eligible to receive a refund (or any alternative remedy) in relation to such Game,
Virtual Good and/or Game Currency. Additionally, you hereby agree that any withdrawal
right expires immediately upon purchase and delivery of your Game, Virtual Good
and/or Game Currency, unless the law in your jurisdiction provides otherwise.
This section does not affect your statutory rights.
From time to time we may offer a beta version of one of our Services
(a “Beta”). As the name implies, Betas are not commercial launch
versions, are not guaranteed to work properly, and may make other parts of your
system not work properly as well. For the license granted to you in Section 6 above to extend to the Beta (meaning, for
you to have permission to use the Beta), you acknowledge and agree to the
following terms in addition to the rest of this EULA:
We may automatically delete or modify the
information stored on your computer related to the Beta for any reason at any
time during the duration of the Beta test;
We may terminate the Beta test at any time,
which would then render your Beta unplayable or unable to function properly.
When we terminate a Beta, you must delete the local Beta instance on your
computer and all documents and materials you received from us in connection
with the Beta;
Use of a Beta is subject to confidential
treatment of that Beta and all elements thereof. "Confidential
Information" means any information disclosed by us to you, or accessed or
provided by you, in relation to the Beta (including any feedback provided and
the Game itself). You agree that you will:
not use any Confidential Information other than
as necessary to use the Beta in accordance with this EULA;
maintain Confidential Information in strict
confidence and use the same degree of care to protect it as you use to protect
your own confidential information, but in no circumstances less than reasonable
not disclose the Confidential Information to any
person or entity other than as permitted by us; and
not make any public announcements related to
Beta or the Service, including publishing or disclosing any information (e.g.
screenshots and specifications) relating to the Beta, without our prior written
approval, which we may grant or withhold in our sole discretion.
Termination of a Beta by us is not grounds for
any kind of refund and your participation in a Beta does not entitle you to any
compensation or any free Services, including any Content and Game Currency; and
If a Game is made available to you via
an App Store, or if you play a Game on a console, then additional terms may
Where a Game is made available to you via an App Store (whether on
your mobile device or console) you acknowledge and agree to the terms in Schedule
B-1 with respect to such Game.
We’d love to hear your feedback, good
or bad. It helps us improve! But if you give us feedback, we need to be free to
use it how we want and without paying you.
We welcome your feedback, comments and suggestions for improvements
to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or via the functionality of the Services (if
available). If you provide us with any Feedback, you hereby grant us the
following license: a non-exclusive, transferable, worldwide, perpetual,
irrevocable, fully-paid, royalty-free license, with the right to sublicense,
under any and all intellectual property rights that you own or control to use,
copy, modify, create derivative works based upon, distribute copies of,
publicly perform, publicly display and otherwise exploit the Feedback for any
purpose and in any country. This license does not lapse or expire even if we do
not exercise our rights under this license within a period of one year. If you
have rights in the Feedback that cannot be licensed to us under applicable law
(such as moral and other personal rights), you hereby waive and agree not to
assert those rights. You understand and agree that you are freely giving your
Feedback, that we don’t have to use it, and that you will not be compensated in
any way for your Feedback. You represent and warrant that you have rights in
any Feedback that you provide to us sufficient to grant us and other affected
parties the rights described above, including, without limitation, intellectual
property rights or rights of publicity or privacy.
In posting such Feedback, you warrant that your feedback is in
compliance with this EULA and you will not use obscene or offensive language or
submit any material that is, or may potentially be, defamatory, abusive or
hateful, an invasion of anyone's privacy, harmful to other users, or in breach of
any applicable law.
We respect copyright law and expect our users to do the same. It’s
our policy to terminate in appropriate circumstances Game Accounts of users who
repeatedly infringe or are believed to be repeatedly infringing the rights of
Outside links are for your
convenience, but we can’t guarantee them.
The Services may contain links to third-party websites or resources.
We provide these links only as a convenience and are not responsible for the
content, products or services on or available from those websites or resources
or links displayed on such websites. You acknowledge sole responsibility for
and assume all risk arising from, your use of any third-party websites or
This is a reminder that you’re
responsible for any data-related charges that you may incur for using our Services.
You are responsible for all data-related charges that you may incur
for using our Services, including, without limitation, mobile, text-messaging,
and data charges. You should understand or ask your service provider what
charges you may incur before using the Services.
When we update this EULA, you need to
agree to the updated version to keep using our Services. We also need the
freedom to update any part of the Services whenever we see fit, so we are
letting you know we can do so at any time.
We may (but don’t have to) update this EULA 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 EULA upon your next access to the Services or
when the updated EULA is otherwise communicated to you. You must agree to these
updates to continue using the Services.
We may provide patches, updates, or upgrades to the Services that
must be installed in order for you to continue to use the Services. We may
update the Services remotely without notifying you, and you hereby consent to
us applying such patches, updates, and upgrades. If your device can prevent
automatic updates, you may not be able to access the Services until you
manually update the Services yourself on your device. We may modify, suspend,
discontinue, substitute, replace, or limit your access to any aspect of the Services
at any time. Subject to applicable law, you acknowledge that any character
data, game progress, game customization or other data related to your use of any
particular Game and other elements unique to the Services may cease to be
available to you at any time without notice from us, including, without
limitation, after a patch, update, or upgrade is applied by us. You agree that
we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the price of the Services, Games,
Virtual Goods, Game Currency or Content, at any time, for any reason, without
notice or liability to you.
We don’t make any guarantees about the
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS
IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company Parties make no
warranty that the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. The Company Parties make no
warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of the Services.
This section limits what you can
recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES
WILL NOT BE LIABLE IN ANY WAY FOR ANY:
LOSS OF DATA, OR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES, OR
THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN
THE EVENT OF ONE OF A COMPANY PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF
WARRANTY, OR OTHERWISE AND EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF
OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL
AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR
GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE
EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY
DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES 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 EULA will prejudice such rights that you may have as a consumer of the Services.
If someone sues us based on your
breach of this EULA or your access or use of the Services, you agree to defend
us or pay for our defense in that lawsuit.
You agree to indemnify (in other words, compensate for all and any
losses incurred), pay the defense costs of, and hold the Company Parties and
their 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
access to or use of the Services; or (b) any claim that, if true, would
constitute a breach by you of this EULA. You agree to reimburse us for any
payments made or loss suffered by us, whether in a court judgment or
settlement, based on any matter covered by this Section 20.
We reserve the right to terminate this
EULA as we see fit in accordance with the applicable law. Reasons we may
terminate this EULA include, but are not limited to: if we wind down our game
offerings in your region, if you violate this EULA, or if the App Store
terminates your App Store Account.
To the fullest extent consistent with applicable law, we may suspend,
modify or terminate your access to and use of the Services, including any Game,
Virtual Goods, and Content, with no liability or notice to you in the event
that (a) we cease providing the Game to similarly situated users generally; (b)
you breach any terms of this EULA (including the App Store Agreement(s) and our
other policies specified in this EULA); (c) the owner of the applicable App
Store terminates your App Store Account; or (d) we otherwise deem it necessary
to suspend or modify your access to and use of the Services or terminate this
EULA in our sole discretion. You may also terminate this EULA by deleting and
uninstalling the Game on any and all of your devices or by deleting your App
Store Account. A suspension or modification of your access to and use of
the Services will result in your inability to access and use some or all
features of the Services, as determined by us in our sole discretion. Upon any
termination of this EULA, the rights granted to you will automatically
terminate, you may no longer exercise any of those rights or this EULA. Subject
to applicable law, we may, in our sole discretion, provide continued access to
and use of the Services after such termination.
Where required by applicable law, termination of this EULA does not
require a court decision to affect termination or a notice served by a court
bailiff as a prerequisite to termination.
Except to the extent required by law, all payments and fees are
non-refundable under all circumstances, regardless of whether or not this EULA
has been terminated.
The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.
This section only applies if you are
accessing, using, or have purchased the Services in the United States.
You agree that any disputes between us
will be handled by binding arbitration under California law.
Governing Law and Forum Choice. This EULA and any action related
thereto, including but not limited to any dispute, controversy,
difference, or claim arising out of or relating to this EULA, a Game, or the Services,
including the existence, validity, interpretation, performance, breach or
termination thereof or any dispute regarding non-contractual obligations
arising out of or relating to this EULA, a Game, or the Services (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. Except as otherwise expressly set forth in this
Section 22, the exclusive
jurisdiction for all Disputes (defined below) 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.)
Location of Arbitration. If you are a resident of the United States, any arbitration
will take place in your county of residence, to the exclusion of all other
Disputes that qualify for small claims
court or relate to the infringement of our intellectual property do not have to
limited exceptions to Section 22(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
The American Arbitration Association’s
Consumer Arbitration Rules will apply. Arbitration will be near where you live
unless we agree otherwise.
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 EULA. 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.
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 22(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.
Injunctive and Declaratory Relief. Except as provided in Section 22(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.
If a court decides a part of this
section is unenforceable, the rest still applies.
With the exception of any of the provisions in Section 22(h) above, if an arbitrator or court of
competent jurisdiction decides that any part of this EULA is invalid or
unenforceable, the other parts of this EULA will still apply.
You cannot transfer or assign this
EULA to anyone else.
You may not assign or transfer this EULA, by operation of law or
otherwise, without our prior written consent. Any attempt by you to assign or
transfer this EULA, without such consent, will be null and void.
Notwithstanding the title of this Section, we may freely assign or transfer
this EULA without restriction. Subject to the foregoing, this EULA will bind
and inure to the benefit of the parties, their successors and permitted assigns.
This EULA is our whole agreement (no
outside promises). The official version is English. If parts of this EULA don’t
apply, the rest remains as much as possible. If we don’t enforce part of this
EULA, it doesn’t mean we won’t in the future or we won’t enforce our other
rights. Also, except for App Stores, no one other than you or us can enforce
Entire Agreement. This EULA and any other document or
information referred to in this EULA constitutes the entire and exclusive
understanding between you and us regarding the Services and supersede any and
all prior oral or written understandings or agreements between you and us
regarding the Services.
Language. The original language of this EULA is in English; any translations
are provided for reference purposes only. To the maximum extent permitted by
applicable law, you waive any right you may have under the law of your country
to have this EULA written or construed in any other language.
Severability. This EULA describes certain legal rights. You may have other rights
under the laws of your jurisdiction. This EULA 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 EULA may not apply to you because your jurisdiction may
not allow them in your particular circumstance. In the event that certain provisions
of this EULA 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, with the exception of any provisions in
Section 22(h), the remaining
terms of this EULA will remain in full force and effect.
No Waiver. Your and our actions or inactions will not create any other rights
under this EULA except as what is explicitly written within this EULA. Our failure to enforce any right or provision of this EULA 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
authorized representatives. Except as expressly set forth in this EULA, the
exercise by either party of any of its remedies under this EULA will be without
prejudice to its other remedies under this EULA or otherwise.
Your Status. You
are not, nor acting on behalf of anyone who is:
subject to sanctions or
export restrictions maintained by the United Nations, People’s Republic of
China, United States (e.g., the Specially Designated Nationals and
Blocked Persons List (“SDN List”) or the Entity List), the United Nations
Security Council, the United Kingdom (including the Consolidated List of
Financial Sanctions Targets), the European Union and any Member State thereof
(including the Consolidated List of Persons, Groups and Entities Subject to
Financial Sanctions), or any other list of restricted persons
maintained by any authority with jurisdiction over you (any person so listed
being a “Restricted Person”);
operating from or located or
resident in a country or territory that is the target of comprehensive
sanctions (“Embargoed Territories”).
General Trade Compliance. In connection with your use of the Services,
you will comply with all applicable export controls and economic sanctions laws
and regulations of the United Nations, People’s Republic of China, United
States, European Union, United Kingdom, and other applicable government
authorities (collectively, “Trade Laws”). You agree not to engage in any
activities in connection with the use of the Services that would violate Trade
Laws or that would risk placing us in breach of any Trade Laws. If we have
reasons to believe that you are a Restricted Person, are in or a resident of
Embargoed Territories, or otherwise engaging in activities that violate Trade
Laws or would risk placing us in breach of any Trade Laws, we may, at our sole
discretion, take any and all relevant actions, such as requesting you to cease
the conduct that violates Trade Laws, disabling or suspending Services,
terminating Services with immediate eﬀect, or other remedial actions.
Except as described in Section 12,
a person who is not a party to this EULA will have no right under to enforce
any of its terms.
If you have any questions about this EULA
or the Game, please contact us at our Support Email Address.
If you have any questions about this EULA
or the Game, please contact us at our Support Email Address.