PLEASE REVIEW CAREFULLY SECTION
22 “DISPUTE RESOLUTION” BELOW FOR
DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR
PLAYERS IN THE UNITED STATES: 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. THIS EULA ALSO INCLUDES 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 THESE PROVISIONS.
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
addenda below or the country-specific language on the EULA website.
If you are a resident of South
Korea, then please also see schedule A-3 for further terms.
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. The “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
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
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
at [link]. 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
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
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
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.
So long as you comply with this EULA and, as applicable, the App Store
Agreement(s), we grant you the following license: a personal, non-exclusive,
non-transferable, non-sublicensable limited right and license to (i) download
and install the Game on the device permitted by the App Store Agreement(s) (if
applicable), and (ii) access and use the Services, including any Content, for your
personal entertainment purposes leveraging only the functionality of the Game
and Services. We and our licensors reserve all rights not granted to you in
this EULA. “Content” means all artwork, titles, themes, objects,
characters, names, dialogue, catch phrases, stories, animation, concepts,
sounds, audio-visual effects, methods of operation, musical compositions,
Virtual Goods (defined in Section 9) and any other content within the
Services. Content also includes anything generated, created, or that is
otherwise developed within the Services by any user (including you) as a result
of interaction with the functionality of the Services. We also grant you a
limited license to make gameplay videos for certain Games specified on the
Services, provided that you agree that all such gameplay video activity is
subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1.
We may, in our sole discretion, remove, edit, or disable any Content for any
Content You Create Outside the
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
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 EULA;
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 Services including our Content and
Games are 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
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 processes in connection with
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
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 Goods 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
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
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 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.
Dispute Resolution and Governing Law
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.
You agree that 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
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 EULA.
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
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 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 EULA.
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.
Notwithstanding anything to the contrary in this EULA, either party may always
apply to a court of competent jurisdiction for an injunction or any other legal
or equitable relief.
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
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 this
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, 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
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
Third-Party Rights. 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.
A-3: Addendum for Residents of South Korea
For the purposes of this Schedule A-3: The EULA is a legal
agreement between you and Proxima Beta Pte. Limited, a company registered in Singapore with
registered office at 10 Anson Road #21-07, International
Plaza, Singapore 079903, company registration number 201632879R if you are
a resident of or located in South Korea.
Amendment Regarding Responsibility of a Legal Representative of a
Minor: Notwistanding Section 5(a) of this EULA,
the legal representative of a minor hereby acknowledges and agrees that he/she is
responsible for the Game Account created by the minor or the details of use of
the Game Account by a user with respect to whom the legal representative gave
consent when such user uses the Service.
Amendments and changes of fees, billing methods and terms applicable
to Game Currency, Virtual Goods or to any purchases:
Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement
our fees, billing methods and terms applicable to Game Currency, Virtual Goods,
or any purchases, and give a public notice of those changes to users by posting
them within the Game Service or on the connection screen. When we notify you or
publicly post those changes, we will also notify you or otherwise disclose that
if a user does not express his/her consent or refusal, he/she will be deemed to
have consented to those changes, and in case you fail to expresses your refusal
by the date on which such changes take effect, we will consider you having
consented to such changes. If any change is unacceptable to you, you may refuse
such change and terminate the use of your Game Account.
Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and
the users’ waiver of any and all legal claims under Section 9(c) of this EULA
will not apply to you. Unless otherwise prohibited under applicable laws, we
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, in which case we will notify you of such
changes within the Service in advance. Notwithstanding the foregoing, if it is
unavoidably necessary to make any changes, such as correction of bugs/errors
and urgent updates, or if the changes are not material, we may give a public
notice of those changes afterward.
Limitation of Liability: Section 19 of
this EULA is amended as follows:
Each of the Company and the user (the “Indemnifying Party”) shall
indemnify the other party from all losses that arise out of any breach by the
Indemnifying Party of this EULA; provided, however, that the foregoing shall
not apply if such breach is not attributable to the Indemnifying Party’s
intentional or negligent behavior.
Notwithstanding the foregoing, we shall not be held liable in any of
the following cases:
(a) We shall not be liable for providing the Service, in case where the
Service cannot be provided due to natural disaster or any equivalent force
(b) We shall not be liable for any losses that arise out of the
maintenance, replacement, regular inspection, or construction of facilities for
the Service or any other reasons equivalent thereto, unless such losses are
attributable to our intentional or negligent behavior.
(c) We shall not be liable for any disruption in using the Service which
is attributable to the user’s intentional or negligent behavior, unless the
user has unavoidable or justifiable reasons.
(d) We shall not be liable for the reliability or accuracy of
information or materials uploaded or posted by users in connection with the
Service, unless we act intentionally or grossly negligently.
(e) We do not have any obligation to intervene in any transaction or
dispute which takes place between you and another user or a third party in
connection with the Service, and shall not be liable for any losses arising
(f) We shall not be liable for any losses incurred by users which arise
in connection with use of any free Service, unless such losses are attributable
to our intentional or grossly negligent behavior.
(g) We shall not be liable for your failure to obtain expected profits
or your loss of profits by using the Service.
(h) We shall not be liable for your losses of experience points, level,
items, or Game Currency within the Game, unless such losses are attributable to
our intentional or negligent behavior.
(i) We shall not be lible for your payments by a third party which arise
due to your failure to manage the password of your mobile device or the
password provided by your online marketplace operators, unless any losses are
attributable to our intentional or negligent behavior.
(j) We shall not be liable for your inability to use whole or part of the
Services due to any change of your mobile device or its number or OS version,
overseas roaming, change of mobile carrier, etc., unless such inability is
attributable to our intentional or negligent behavior.
(k) We shall not be liable for your deletion of any Content or Account
information we have provided, unless such deletion is attributable to our
intentional or negligent behavior.
(l) We shall not be liable for any losses incurred by a guest member
which arise out of his/her use of the Service, unless such losses are attributable
to our intentional or negligent behavior.
Termination: Section 21 of this EULA is
amended as follows:
We may suspend whole or part of Services in the event that (a) it is
necessary for operation of the system, including regular inspection on the
system, increase or replacement of servers, network unstability, etc.; (b) it
is impossible to normally provide the Services due to power failure, breakdown
of a Service facility, traffic overload, repair or inspection of facilities by
telecommunications service provider, etc.; or (c) war, incident, natural
disaster or national emergency equivalent thereto or any other event beyond our
control occurs. In such case, we will provide the prior notification of the
reasons for and duration of such suspension on the beginning screen of the Game
or the notice section of the Services; provided, however, that if we cannot
provide the prior notification for a justifiable reason, we may notify you afterward.
As an elaboration of what is permitted by law as mentioned in
Section 10 of this EULA, users who are residents of Korea have the following
legal rights when purchasing Virtual Goods or Game Currency:
Unless otherwise provided in this EULA or other terms and conditions
of transaction, end-users may cancel their purchase within 7 days from the date
on which the end-user is notified of the purchase of virtual items/currency.
However, the purchase cannot be canceled if the user has used or partially
consumed virtual goods or game currency, or in other cases stipulated by
applicable laws of Korea. However, notwithstanding the above, if the contents
of the virtual goods or game currency are different from the
display/advertisement contents provided by us, or if the contents are performed
differently from the contract contents, the user may cancel within three months
from the date of receiving the virtual good or game currency, or within 30 days
from the date he/she knew or could have known such fact.
When a refund is received for purchase cancellation, refunds will be
processed by the App Store operator where you made relevant purchase according
to their refund operation policy and procedure.
If a user who is a minor under the laws of Korea concludes a
purchase contract for virtual goods or game currency, the Company
informs the minor that his/her guardian or the minor himself/herself may cancel
contract, if his/her guardian does not agree in regard to the contract.
We may request the submission of documents proving that you are a minor or a
legal representative. However, if a minor purchases virtual goods or game
currency with the property permitted for disposition by their legal
representative, if a minor has deceived us into believing that he is an adult,
or if the minor has the consent of his legal representative, the contract cannot
withdrawal of subscription: If you cancel your
purchase, we will retrieve or delete the canceled Virtual Goods or Game
Currency. Please note that we may only retrieve or cancel such Virtual Goods or
Game Currency after platform operator has notified us about the refund.
B-1: App Store Terms
If you download a Game from the App Store,
then notwithstanding anything in this EULA to the contrary, you acknowledge and
· We, and not the App Store, are solely responsible for the Game.
· The App Store has no obligation to provide any Game maintenance or
· If the Game cannot meet its warranties (if any), you may notify the
App Store and the App Store will refund you the purchase price of the Game (if
applicable) and, to the maximum extent permitted by applicable law, the App
Store will have no other warranty obligation whatsoever with respect to the
Game. Any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be our sole
· The App Store is not responsible for addressing any claims you have
or any claims of any third party relating to the Game or your possession and
use of the Game, including, without limitation: (i) product liability
claims; (ii) any claim that the Game fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection
or similar legislation.
· In the event of any third-party claim that the Game or your
possession and use of the Game infringes that third party’s intellectual
property rights, we will be solely responsible for the investigation, defense,
settlement, and discharge of any such intellectual property infringement claim
to the extent required by this EULA.
· The App Store, and its subsidiaries, are third-party beneficiaries
of this EULA and upon your acceptance of this EULA, the App Store will have the
right to enforce this EULA against you as a third-party beneficiary thereof.
· You represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a terrorist-supporting country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
· You must also comply with all applicable third-party terms of
service or similar agreement when using the Game.